Suspension of Chief Justice an unpardonable affront to Rule of Law – Minority
The Minority in Parliament has strongly condemned President John Dramani Mahama’s suspension of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, calling it a grave violation of constitutional principles.
Addressing a press conference on Friday, April 25, Member of Parliament for Weija Gbawe and Deputy Minority Chief Whip, Ahmed Jerry Shaib, described the President’s action as "reckless and unconstitutional," demanding the immediate reinstatement of the Chief Justice.
"The Minority in Parliament unequivocally condemns President Mahama’s reckless and unconstitutional decision to suspend Her Ladyship, Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, under the purported authority of Article 146 of the 1992 Constitution. This brazen act amounts to a judicial coup, a flagrant abuse of executive power, and a direct assault on the independence of Ghana’s judiciary," Mr. Shaib stated.
He further accused the President of attempting to stack the judiciary with loyalists from the National Democratic Congress (NDC), arguing the move is less about accountability and more about consolidating political control.
"Taken while legitimate legal challenges are pending before the Supreme Court, this move reeks of political vendetta, judicial intimidation, and a calculated effort to pack the courts with NDC-sympathetic judges, as President Mahama openly promised during his address in Akosombo in 2023," he said.
"President Mahama’s public pledge in Akosombo to “balance” the judiciary by appointing partisan-aligned judges exposes the real motive behind this desperate maneuver," he stressed.
While demanding the immediate reversal of the act, the minority assured of their commitment to justice, constitutionalism, and the sanctity of the judiciary.
Read full statement below:
STATEMENT BY THE MINORITY IN PARLIAMENT
CONDEMNING PRESIDENT MAHAMA’S JUDICIAL COUP AND ATTEMPT TO UNDERMINE THE INDEPENDENCE OF THE JUDICIARY
The Minority in Parliament unequivocally condemns President John Dramani Mahama’s reckless and unconstitutional decision to suspend Her Ladyship, Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, under the purported authority of Article 146 of the 1992 Constitution. This brazen action constitutes nothing less than a judicial coup, a flagrant abuse of executive power, and a direct assault on the independence of Ghana’s judiciary.
Taken while legitimate legal challenges are pending before the Supreme Court, this move reeks of political vendetta, judicial intimidation, and a calculated effort to pack the courts with NDC-sympathetic judges, as President Mahama openly promised during his address in Akosombo in 2023.
1. A CLEAR VIOLATION OF DUE PROCESS AND PENDING JUDICIAL REVIEW
President Mahama’s decision to suspend the Chief Justice, despite active proceedings before the Supreme Court questioning the constitutionality of the process, is an unpardonable affront to the rule of law.
It represents executive overreach of the highest order, a textbook case of interference in judicial independence and sets a dangerous precedent, evoking memories of a dark era in our nation’s history that we believed was firmly behind us.
The Minority, committed to justice, constitutionalism, and the sanctity of the judiciary, demands the immediate reversal of this unconstitutional act.
2. A POLITICALLY MOTIVATED WITCH-HUNT TO CONTROL THE JUDICIARY
This unlawful suspension is not about upholding accountability; it is about raw political control.
President Mahama’s public pledge in Akosombo to “balance” the judiciary by appointing partisan-aligned judges exposes the real motive behind this desperate maneuver.
This is not judicial reform. It is tyranny in plain sight.
Let President Mahama be reminded: Ghana is a constitutional democracy not a personal fiefdom.
The people of Ghana will not and should not tolerate the subjugation of the judiciary for partisan gain.
3. A WARNING TO THE MAHAMA ADMINISTRATION: WE WILL RESIST THIS JUDICIAL COUP
We issue this unequivocal warning to President Mahama and his administration:
• Any further harassment, intimidation, or unlawful removal of the Chief Justice will meet fierce legal and public resistance.
• Any attempt to pack the judiciary with politically compliant judges will be challenged to the fullest extent of the law.
• The legal fraternity, civil society, and all defenders of democracy will not stand idly by while the judiciary is reduced to an appendage of the Executive.
4. CALL TO ACTION: DEFEND THE CONSTITUTION AND UPHOLD JUDICIAL INDEPENDENCE
We demand:
1. The immediate reinstatement of the Chief Justice pending the final determination of all constitutional challenges by the Supreme Court.
2. A complete halt to all removal proceedings until the Supreme Court conclusively rules on the constitutionality of the process.
The integrity and independence of Ghana’s judiciary are non-negotiable.
We stand ready to defend our democracy against all forms of executive overreach and will vigorously oppose any and all attempts to turn our courts into political tools.
Enough is enough.
Minority Caucus
Parliament of Ghana
Accra, Ghana
