Chief Justice Gertrude Torkonoo – Adomonline.com https://www.adomonline.com Your comprehensive news portal Sat, 28 Jun 2025 10:40:28 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.2 https://www.adomonline.com/wp-content/uploads/2019/03/cropped-Adomonline140-32x32.png Chief Justice Gertrude Torkonoo – Adomonline.com https://www.adomonline.com 32 32 I wish Torkornoo respected Article 146 in her outburst – Victoria Bright https://www.adomonline.com/i-wish-torkornoo-respected-article-146-in-her-outburst-victoria-bright/ Sat, 28 Jun 2025 10:40:28 +0000 https://www.adomonline.com/?p=2549292 Legal practitioner Victoria Bright is disappointed in suspended Chief Justice Gertrude Sackey Torkornoo’s public criticism of the ongoing impeachment proceedings.

She argued that her actions disregarded constitutional protocols under Article 146 of the 1992 Constitution.

The lawyer made these remarks during a panel discussion on JoyNews’ Newsfile on Saturday.

Madam Bright stressed that the constitutional framework mandates impeachment proceedings against the Chief Justice to be conducted in camera, a principle Justice Torkornoo openly challenged during her press conference last week.

The suspended CJ had argued that the secrecy of the process was unjustified, as the allegations against her involved no national security concerns.

However, Victoria Bright countered that “I would have wished that she respected the constitutional procedures emanating from Article 146, which require these proceedings to be held in camera. We are only hearing her side at the moment, and the panel comprises eminent individuals capable of evaluating the facts impartially.”

She questioned whether Justice Torkornoo’s public statements undermined the integrity of the process, noting that the five-member committee appointed by the President and including senior justices and non-partisan experts is designed to ensure fairness.

“Has this whole thing not been put in the bosom of the president of the republic, acting in conjunction with the council of state?

‘Why is one person – I know she’s the Chief Justice, she’s a justice of the Supreme Court, but it’s not subject to one person’s interpretation. We have to respect that this has been put into the bosom of someone else, not her. So you can’t just get up and make your own rules,” she added.

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Photos from Opposition parties’ protest against Chief Justice’s suspension https://www.adomonline.com/photos-from-opposition-parties-protest-against-chief-justices-suspension/ Mon, 05 May 2025 15:49:02 +0000 https://www.adomonline.com/?p=2531775 On Monday, May 5, 2025, a significant demonstration was held by supporters of the New Patriotic Party (NPP) alongside members of various minority parties, dubbed the “Save the Judiciary Demo,” in response to the suspension of the Chief Justice by President Mahama.

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

The demonstration began at the Supreme Court, where leaders presented a formal petition addressed to the Judiciary.

Participants, dressed in red attire, including armbands and headgear, marched in substantial numbers through the main streets of Accra.

After their initial gathering at the Supreme Court, the demonstrators proceeded to Parliament to submit a second petition before ending with a final submission at the Jubilee House.

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

 

The petition was received by Mr. Ebenezer Ahumah Djietror, the Clerk to Parliament, on behalf of Parliament, while Mr. Stan Dogbe, Deputy Chief of Staff for Operations, accepted the petition on behalf of the President.

Presenting a petition on behalf of the group, Minority Leader Alexander Afenyo-Markin claimed that President Mahama has “weaponised the security services,” deploying them in “retrogressive PNDC-style raids” targeting the homes of political opponents.

“Private citizens, including former Governor of the Bank of Ghana, Dr. Ernest Addison, and former Finance Minister, Ken Ofori-Atta, have had their properties seized, their rights violated, and their dignities stripped,” he added.

He also accused the government of hypocrisy, noting that while it had previously criticised the expansion of the Supreme Court, it had now appointed seven new judges under questionable circumstances.

“You know the process of appointing judges to the Supreme Court is not what has been used. So this reset is a negative reset,” he said, urging judicial staff not to remain complacent.

Mr. Afenyo-Markin further cautioned against political vengeance.

“I also want to take this opportunity to draw the attention of the nation to come to terms with the fact that there must be an end to bitterness. If this vicious cycle of ‘you did it to me; I will do it to you’ continues, there will be no hope for our democracy,” he said.

He warned that such partisan actions could have future consequences for current judicial staff, especially with the possibility of a new government in 2028.

“I am humbly calling on all Judicial Service staff to think deeply about tomorrow. Don’t be too comfortable because today some government officials are promising you promotions, so you don’t want to speak out. We will speak up for the sake of posterity,” he added.

The NPP was joined by several allied political parties, including the Liberal Party of Ghana (LPG), National Democratic Party (NDP), People’s National Party (PNP), and the Ghana Union Movement (GUM).

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo#SaveTheJudiciaryDemo

Below are some photos captured by Adomonline’s Joseph Tawiah Odotei

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo#SaveTheJudiciaryDemo

Demo against suspension of Chief Justice

Demo against suspension of Chief Justice

Demo against suspension of Chief Justice

Demo against suspension of Chief Justice

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo
Alexander Afenyo-Markin

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

Demo against suspension of Chief Justice #SaveTheJudiciaryDemo

 

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Chief Justice launches 5th Edition of Election Adjudication Manual [Photos] https://www.adomonline.com/judicial-service-launches-5th-edition-of-election-adjudication-manual-photos/ Thu, 31 Oct 2024 19:09:27 +0000 https://www.adomonline.com/?p=2466799 In a significant milestone for Ghana’s democratic journey, the Chief Justice, Gertrude Sackey Torkornoo, launched the 5th edition of the Manual on Election Adjudication in Ghana.

This comprehensive resource has been a cornerstone of Ghana’s electoral process since its first publication in 2008.

The manual’s evolution over the years reflects the Judiciary’s dedication to ensuring the sanctity of democracy in Ghana.

Chief Justice Torkornoo acknowledged the tireless efforts of her predecessors, Justice Georgina Theodora Wood, Justice Sophia Akuffo, and Justice Anin Yeboah, in sustaining this critical publication.

Emphasizing the importance of protecting fundamental freedoms and human rights, Chief Justice Torkornoo stressed the Judiciary’s role in providing mechanisms for securing rights and access to justice.

She highlighted the need for all arms of government to work together in building a thriving and prosperous republic.

The Judiciary has consistently played a crucial role in refereeing election-related disputes, providing firm principles to preserve democracy. Chief Justice Torkornoo urged stakeholders to rally around the administration of law and justice, ensuring the preservation of Ghana’s national fabric.

The 5th edition of the manual is divided into three volumes, making it easier to reference. It chronicles updates in case law, guiding judicial decision-making in election disputes.

Chief Justice Torkornoo encouraged media practitioners, election administrators, candidates, and citizens to utilize this valuable resource.

A soft copy of the manual will be available on the Judicial Service website. Chief Justice Torkornoo declared the 5th edition duly launched, reaffirming Ghana’s commitment to democratic evolution and the rule of law.

Justice Paul Baffoe Bonnie, Chairperson of the Election Management Committee, highlighted that the updated edition is organised into three volumes to enhance clarity and accessibility for users.

Also present were Mrs Efua Ghartey, president-elect of the Ghana Bar Association(GBA), Yaw Oppong, Director of Ghana School of Law, Supreme Court Judge, Justice Yonny Kulendi, Member of Parliament for Zebilla; Cletus Avoka, Deputy Electoral Commission(EC) Chairman in charge of Corporate Services; Bossman Asare, the Deputy EC Chairman in charge of Operations; Samuel Tettey, Nene Tetteh Wakah III; Paramount Chief of Prampram, members of JUSAG, the clergy, among others.

Below are some photos

 

 

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Chief Justice Gertrude Torkonoo celebrates Prof. Nana SKB Asante [Video] https://www.adomonline.com/chief-justice-gertrude-torkonoo-celebrates-prof-nana-skb-asante-video/ Fri, 26 Jul 2024 12:51:43 +0000 https://www.adomonline.com/?p=2426200 Chief Justice Gertrude Torkonoo has eulogised Professor Nana SKB Asante, Omanhene of Asante Asokore as one of the key figures in Ghana’s civilization.

She said if any historian were to continue the narrative beyond the second edition of Professor Albert Adu Boahen’s “Topics in West African History,” more than a chapter should be dedicated to Prof Nana SKB Asante.

The Chief Justice said Prof Nana SKB Asante embodies many roles such as national hero, statesman, administrator, academic, national and international civil servant, thought leader, and social engineer extraordinaire.

Speaking at the UPSA honorific lecture and award in honour of the renowned lawyer, the Chief Justice said that “In depiction of the quality of excellence, the man Prof. Nana SKB Asante embodies. It can be seen from his life’s work that each of the above identified roles has influenced and filled the content of the other, culminating in trails of effective legacy from everyone of them. Through all of this, Nana has towered in ageless relevance and continuing quest for service to motherland Ghana.”

According to her, in his essay “Notes on My Journey to Achimota,” Prof. SK Asante begins by describing his faith in Ghana, stating, “By some historical quirk, various stages of my personal history coincided with phases of modern political evolution of Ghana. I went to elementary school during the Second World War, that is 1939 to 1945, I actually started a year earlier. My education at the secondary and tertiary levels took place during the nationalist struggle for independence.”

The Chief Justice remarked that it is therefore easy to understand why Prof. Asante has dedicated his life to the development of Ghana.

Click the video below to listen to what Chief Justice Gertrude Torkornoo said of Prof. Nana SKB Asante.

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Chief Justice Torkonoo celebrates Prof. Nana SKB Asante nonadult
Arthur Kobina Kennedy writes: Politicization of justice https://www.adomonline.com/arthur-kobina-kennedy-writes-politicization-of-justice/ Wed, 15 May 2024 18:38:57 +0000 https://www.adomonline.com/?p=2395414 The unfortunate politicization of our justice just took a giant step forward.

Without explanation, at the 11th hour, the Chief Justice, Gertrude Torkonoo, replaced 3 of the justices she had impaneled to hear the appeal in “The Republic vs Dr. Stephen Opuni & 2 others”.

While the CJ, like a monarch, didn’t offer any explanation, the AG, who is, on behalf of the government, an interested party, has leaped to her defense, accusing those raising questions of peddling falsehoods. 

According to the AG, standing on Article 157(3), the CJ has the right to change the composition of any SC panel, as long as the case has not been heard

Now, just in case you are wondering, I know nothing about the law but I know a bit of history and have more than a bit of common sense. 

The commonsense question is not whether the CJ has the right to do what she did but whether she has good sensible public interest reasons for what she did. 

Nobody believes that the decision was made in a vacuum. 

Did she have reason to believe the judges who were replaced could not be neutral? In effect, without explanation, the removal of the 3 justices has put them under a cloud. 

It is said that ” a judge is a lawyer who knows the President” so I know that the Supreme Court is political. 

Yet, speaking in Peru in 2007, former US associate S.C. Justice Antonin Scalia said” So those are my 3 ideal qualities for a judge– adherence to the law, scholarship, and an even-handed demeanor.” 

Elaborating, he said, “The judge must conduct himself and his court in a way that INSPIRES PUBLIC CONFIDENCE IN THE PROCESS BY WHICH THE DECISION WAS REACHED. ” 

This decision coupled with other decisions made under this government has deep, lasting destructive damage to our Judiciary and its reputation. 

Didn’t those who made this decision think of Kan Dapaah’s warning about one side winning most of the time? Didn’t they think of President Mahama’s warning that “We won’t go to the Supreme Court again because we know we won’t get Justice”.? 

How do well-meaning Ghanaians counter Mr. Mahama’s assertions? To complete the cynicism, the CJ told an audience of women lawyers that, NADAA’s “belief in the rule of law has been evident during his tenure as President”. 

Really, Madam? I never thought I would say this but President NADAA’s government has been more damaging to our Judiciary than the government of President Rawlings. 

Good men in good times, Mayor La Guardia’s best friend saidshould not set bad examples for bad men. 

These arbitrary distortions we are witnessing today would set the bad standards of tomorrow. 

Ghana deserves better. Pending constitutional reforms, Parliament must enact a law clarifying the appellate process, speeding up the administration of Justice, making the selection of panels independent of personal whims, and capping the number of Supreme Court justices. 

These are trying times when good men and women of all parties must step forward and save our Republic.

 We are the men we have been waiting for.  

May God bless Ghana and all of you.       

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Chief Justice declares Monday to Friday ADR week in Ghana https://www.adomonline.com/chief-justice-declares-monday-to-friday-adr-week-in-ghana/ Mon, 13 Nov 2023 08:55:43 +0000 https://www.adomonline.com/?p=2318108 The Chief Justice, Her Ladyship Justice Gertrude Sackey Torkornoo, has officially declared Monday, November 13, to Friday, November 17, 2023, as Alternative Dispute Resolution (ADR) Week for the current Legal Year Term.

The objective behind ADR Week is to provide an opportunity for the ADR Directorate of the Judicial Service to engage the public, inform citizens about the presence of ADR within the court system its significance in seeking justice, and how to leverage this vital process for meaningful access to justice, particularly for the less privileged.

The theme for this year’s ADR Week is “Building the Pillars of Justice through Alternative Dispute Resolution (ADR).”

In a statement dated November 10, 2023, the Director of ADR, Alex Nartey, highlighted that the week-long celebration will also offer court users with pending cases the chance to utilize ADR through a “Mass Mediation Exercise.”

“A total of 135 Courts, comprising Thirty-Five (35) Circuit Courts and One Hundred (100) District Courts, will participate by dedicating the entire week to settling court cases through ADR across the country,” he noted.

The Judicial Service of Ghana has embraced ADR as part of its adjudication process, known as “Court-Connected ADR.” This program aims to make access to justice in Ghana more accessible, cost-effective, non-adversarial, prompt, and flexible, particularly for the economically disadvantaged and vulnerable.

The statement encouraged the legal community, disputants, the media, and the public to actively participate and collaborate with the Judicial Service to ensure the success of this Legal Year Term’s ADR Week.

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CJ advocates financial independence of judiciary https://www.adomonline.com/cj-advocates-financial-independence-of-judiciary/ Thu, 28 Sep 2023 13:12:55 +0000 https://www.adomonline.com/?p=2299377 The Chief Justice, Justice Gertrude Sackey Torkornoo, has bemoaned the lack of financial independence of the judiciary, saying it was negatively affecting the work of the judiciary and, ultimately, justice delivery.

Justice Torkornoo, who was speaking at the 2023 Annual General Meeting (AGM) of the Association of Magistrates and Judges Ghana (AMJG) yesterday, said although the 1992 Constitution protected the independence of the judiciary, the service had no control over its financial administration.

Quoting Article 127 (1) of the 1992 Constitution, the Chief Justice said the Constitution had categorically insulated all activities of the judiciary, including its financial administration, from external control to protect its independence due to the sensitivity of its functions.

“How can we be an independent arm of government if we do not have control over our finances? Is the constitutionally guaranteed institutional independence of the judiciary only a mirage?

Can the institutional independence of the judiciary be asserted when we need clearance to engage staff, clearance to access money generated from court services, and clearance to procure any asset to do our work?” she queried.

AGM

The two-day 2023 AGM is on the theme: “A Financially Independent and Accountable Judiciary: The Key to Effective Justice Delivery”.

It was attended by judges and magistrates across the country, including Justices of the Supreme Court, and other notable personalities in the legal fraternity such as the Attorney-General (A-G) and Minister of Justice, Godfred Yeboah Dame; the President of the Ghana Bar Association, Yaw Acheampong Boafo, and the Director of the Ghana School of Law, Barima Oppong Kodie, aka Yaw Oppong.

Increase finance

Justice Torkornoo said inadequate financing and the lack of financial autonomy had been thorny issues that had bedevilled the judiciary way before she joined the bench as a Justice of the High Court in 2004.

She referenced the recent GBA conference in Cape Coast where President Nana Addo Dankwa Akufo-Addo mentioned an increase in the financial support for anti-graft institutions to tackle corruption, but said such monumental increment had unfortunately not been extended to the Judiciary.

“While funding for certain institutions had been increased in hundreds of percentages, the percentage increase for the judiciary was noted to be a little over three per cent. The level of financial support for our work ought to increase exponentially not only in quantum, but also in scope,” she said.

The Chief Justice promised that she would make the quest for financial independence of the judiciary a cornerstone of her administration as part of her overall vision to build a modernised judiciary to better serve the people of the country.

Budgetary constraints

The A-G, Mr Dame, said although the Constitution was explicit in guaranteeing financial autonomy for the judiciary, its implementation had been fraught with challenges due to budgetary constraints which affected other institutions of state.

“As Minister of Justice, I undertake to ensure that the estimates of the administrative expenses of the Judiciary duly presented are duly protected and satisfied by the state, but this, of course, is subject to budgetary constraints,” he said.

Nevertheless, he said, the government, through the District Assemblies Common Fund, had invested heavily in improving the infrastructure of the judiciary by constructing 100 courthouses and 121 residential units for the judiciary across the country.

The government, Mr. Dame added, had further invested heavily in other institutions connected to the justice delivery system, including the A-G’s Department, with the construction of the Law House Complex.

He said the 12-storey Law House Complex, which would accommodate the office of the A-G, would be completed and inaugurated by the end of this year.

Generation of funds

The President of the AMJG, Justice Henry Kwofie, said apart from inadequate financing, judges and magistrates were also grappling with delayed allowances for essential items such as fuel, clothing and books, a situation that had left them worse off.

On ways to boost the finances of the judiciary, Justice Kwofie said the service must be allowed to retain about 60 per cent of its internally generated funds (IGF) instead of the current 30 per cent.

The Director of the Ghana School of Law, Yaw Oppong advocated that a certain percentage of money retrieved from financial crimes after judgments by the courts should be retained by the judiciary to help improve its finances.

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Report bribe-taking court officials – Chief Justice urges public https://www.adomonline.com/report-bribe-taking-court-officials-chief-justice-urges-public/ Mon, 07 Aug 2023 09:21:42 +0000 https://www.adomonline.com/?p=2280830 The Chief Justice, Gertrude Torkornoo, has advised the public not to pay bribes to court officials who request money ostensibly on behalf of judges for favourable decisions.

She said oftentimes such money was actually not requested by judges or given to them, but merely served as a ploy by unscrupulous court staff to enrich themselves.

Justice Torkornoo consequently urged the public to report to the Judicial Service any court staff who would request money under the guise of conveying it to a judge.

Event

She made the appeal at separate Chief Justice Community Sensitisation programmes at Akwatia in the Demkyembour District and Kraboa Coaltar in the Ayensuono District, both in the Eastern Region.

The programme is an initiative of Justice Torkornoo where she interacts directly with the public in communities to explain the work of the Judiciary and the basic principles of the law.

It is meant to demystify the work of the judiciary, and let the public have a better understanding and appreciation of the third arm of government.

Justice Torkornoo said cooperation from the public in reporting cases of bribe, as demanded by court staff, would help the Judicial Service to stop the despicable and unpatriotic activities of court officials who created a market of siphoning money from court users on the pretence of giving it to judges.

 “Any court registrar, interpreter, clerk, recorder or any staff who asks for money to be given to a judge is a thief.

The truth is that in majority of these instances, the judges have not requested any money; the money does not go to them, and they are not even aware.

“Report such staff to the police and the Judicial Service.

We will investigate, and I will sack them if they are culpable and also ensure that they are decisively dealt with.

This is a bad culture destroying the image of the Judiciary, and we are determined to stamp it out,” she said.

Public complaints

The Chief Justice said it was a crime and against the standards of the Judicial Service for court officials to demand money before performing their duties, meant to enhance justice delivery, to the public.

“Bring those people to our attention, and I will not hesitate to sack them, while they also face the full rigours of the law,” she said.

She said the doors of the Judicial Service were open to receive and act on complaints against staff of the service.

“There is a revamped Public Complaints Directorate with public complaints units at all courts.

My office accepts and acts on petitions daily.

Every day, not less than 10 petitions arrive on my desk, and we act on all of them.

“If you are aggrieved by the work of a registrar, clerk, judge or any court staff, let us know, and we will deal with it,” she said.

Measures

The Chief Justice announced that as part of efforts to make the public understand the work of the Judiciary, the Judicial Service would soon come out with courts’ user guides that would explain the jurisdictions of the various courts.

The guides, she explained, would be made available at all court buildings so that the public could access them and understand in simple terms what a particular court could do.

She said the Judicial Service would also post on court premises the fees for the various services it provided to ensure transparency and to prevent staff from demanding more than what was appropriate.

“Let us allow the courts to serve us well.

We must come together and stop all the bottlenecks that frustrate people with the judicial system.

When the Judiciary succeeds, we will all have peace and prosperity,” the Chief Justice added.

As part of the sensitisation programme, participants are allowed to ask the Chief Justice questions relating to the work of the Judiciary, with the Chief Justice answering and explaining the initiatives being implemented by the Judicial Service to improve access to justice and openness and fairness in justice delivery.

On the theme: “Improving Justice Delivery through Community Engagement”, the overall objective of the sensitisation programme is to educate the public and strengthen trust and confidence in the Judiciary.

The Chief Justice normally engages in the sensitisation programmes when she visits towns and villages to perform official functions such as the inauguration of new court buildings and infrastructure for the Judiciary.

So far, the programme has been organised in six communities, three in the Greater Accra Region, namely Baastonaa, Ada and Kwabenya, with the rest in the Eastern Region — New Abirem, Akwatia and Kraboa Coaltar.

ADR

One of the main issues discussed by the Chief Justice at Akwatia and Kraboa Coaltar was the alternative dispute resolution (ADR) and its significance in peaceful resolution of conflicts and litigations.

Justice Torkornoo urged litigants to take advantage of courts connected to the ADR system to resolve their differences, describing it as a faster and less cumbersome means of settling disputes.

Apart from the speedy process, she said, ADR also ensured that relationships between parties did not totally deteriorate as a result of dispute.

“ADR is private; it is your own solution, and it helps to preserve relationship which otherwise would become strained during laborious litigation in the normal court setting,” she said.

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Judges who comment on cases in court should be held for contempt – CJ https://www.adomonline.com/judges-who-comment-on-cases-in-court-should-be-held-for-contempt-cj/ Mon, 31 Jul 2023 18:00:23 +0000 https://www.adomonline.com/?p=2279008 Chief Justice Gertrude Torkornoo has said judges who comment on cases in court should be held for contempt.

Speaking at GIMPA Law Faculty’s 7th Annual Legal Ethics Training Programme, the Chief Justice underscored that a judge must be discreet about a case before any court.

According to her, if the court could hold an ordinary person for contempt for publicly discussing a case, then same should be done to a judge and should even be faster.

She cited that per the Code of Conduct on Propriety, a Judge shall refrain from making any public statement that might reasonably be expected to affect the outcome or impair the fairness of the matter pending in any court or public statement that might substantially interfere with the fair trial.

Her comment comes after Dormaahene who doubles as High Court Judge called on President Nana Akufo-Addo to ask the Attorney General and Minister of Justice, Godfred Dame Yeboah, to enter a Nolle Prosique on the matter of Assin North MP, James Gyakye Quayson.

His comment raised public sentiments amidst backlash and calls for his sack that though the Constitution frowns on chiefs engaging in partisan politics, the Dormaahene does engage in active politics. 

Many also claimed the Dormaahene, Osagyefo Oseadeeyo Agyemang Badu II, is a member of the National Democratic Congress, adding that as a High Court judge he has breached the entire constitution. 

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Chief Justice declines petition to remove judge from Ato Forson trial https://www.adomonline.com/chief-justice-declines-petition-to-remove-judge-from-ato-forson-trial/ Fri, 28 Jul 2023 12:51:53 +0000 https://www.adomonline.com/?p=2277964 Chief Justice, Her Ladyship Gertrude Torkornoo, has declined a request to remove the judge presiding over the case in which Minority Leader and former Deputy Minister of Finance, Dr Cassiel Ato Forson, and two others, have been accused of allegedly causing €2.37 million financial loss to the state in an ambulance deal.

The request was contained in a petition filed by Richard Jakpa, a private businessman standing trial with the Minority Leader. 

The petition, which sought to remove the trial Judge, Justice Afia Serwah Asare-Botwe, from presiding over the case, alleged bias on her part as a result of an incident which occurred during one of the court’s sittings. 

He alleged bias because the trial judge on June 20, 2023, issued a stern warning to him that it was the last time she would tolerate any disrespect from him and let him go home.

When the case came up for hearing, Justice Asare-Botwe notified the parties in the case that the petition seeking the transfer of the case has been dealt with by the Chief Justice, and has been declined.

Meanwhile, lawyers for the Minority Leader have also filed two motions; one, the presiding judge should recuse herself and the other, the court should release his travel passport to him.

The motions are expected to be heard by the trial judge later today. 

The Attorney-General and Minister of Justice, Godfred Yeboah Dame, was in court to cross-examine Alex Mould, a former Chief Executive Officer of Ghana National Petroleum Corporation and a defence witness of Dr Forson. 

The other accused person in the case is Sylvester Anemana, a former Chief Director of the Ministry of Health. 

The three have pleaded not guilty to counts of willfully causing financial loss to the state, abetment to willfully causing financial loss to the state, contravention of the Public Procurement Act and intentionally misapplying public property.

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A nation that loses interest in rule of law and justice delivery sets itself up for destruction – Chief Justice https://www.adomonline.com/a-nation-that-loses-interest-in-rule-of-law-and-justice-delivery-sets-itself-up-for-destruction-chief-justice/ Thu, 27 Jul 2023 07:51:57 +0000 https://www.adomonline.com/?p=2277244
Chief Justice Gertrude Esaaba Torkornoo has cautioned that a nation that overlooks the enforcement of its laws and does not ensure that justice is served to its people faces obstruction with its development.

She said in the absence of justice, peace which she says is a prerequisite for development, is critically impaired.

The Chief Justice, who was speaking on Wednesday at the 2023 National Development Conference at Pentecost Convention Centre at Gomoa Fetteh in the Central Region on the theme: ‘Moral Vision and National Development‘, noted that the judiciary does not see morality as a personal preference of a person.

She asserted that the constitutional mandate given to the judiciary to discharge justice requires the maintenance and enforcement of the highest standards of ethical conduct and the upholding of the innate need of the human soul for justice in a nation.

She reiterated that justice is an essential condition for peace and stability and the quality of life in every nation, explaining that upholding the laws and investing in the building of justice delivery in a nation brings prosperity to its citizens.

Chief Justice Torkornoo noted that “There cannot be no prosperity without peace and there cannot be peace unless people are assured that their rights will be upheld and they will not be robbed of their entitlement.”

According to her, members of the judiciary have chosen to defend the morality of a person through the power given to them by the Constitution and other government institutions.

“Is morality subjective?… I do not think so, we in the judiciary do not think so. The humble view of the judiciary is that to the extent that the nation has chosen to order its affairs in accordance with the rule of law, we have chosen to defend our moral content and context from the basket of legality given to us in the constitution, from the statutes and enactment of Parliament, from the rules and regulations of government institutions and from customary law which is part of the common law of Ghana as provided for under Chapter Four of the 1992 Constitution.”

She therefore expressed hope that all issues will be examined on the foundation of law, equity and good conscience.

Justice Torkornoo added; “It is my conviction that in our kaleidoscope of ethnicity, our belief systems, our vocations and talents, the elements of the laws of Ghana, the rules of equity, and the innate ethical values that flow from good conscience, these can surely bind our hearts and minds together and assist us to arrive at a nationally accepted vision of morality.”

“Such a vision can then drive the mind with which we walk, talk and work together, thus aiding us to uphold rights, give entitlement and insist on obligations whether at home, workplaces or on the road,” she said.

The Chief Justice was optimistic that if the country abides by these rules, it “is the surest way to weave harmony and coherence into the diversity we have in our beautiful country.”

She noted that if the church agrees with the judiciary that the country needs the grace and blessing of God, then “as a nation, we must work towards giving justice to all manner of persons, rich or poor, young and old.”

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Chief Justice asked to probe Court Registrar over dishonest conduct https://www.adomonline.com/chief-justice-asked-to-probe-court-registrar-over-dishonest-conduct/ Tue, 18 Jul 2023 11:02:58 +0000 https://www.adomonline.com/?p=2273920 The Tamale High Court presided over by Justice Kenneth Edem Kudjordjie has asked the Regional Administrative Officer of the Judicial Service to refer the conduct of a Registrar, Mohammed Musah, to the Chief Justice for investigations.

Justice Kudjordie says the Registrar’s conduct is not worthy of being tagged with the label of honesty.

This conclusion was reached by the court in the case of Abubakari Iddi vrs Zakariah Alhassan and three others.

This dispute bothered an attempt to recover the outstanding debt through the possession and possible sale of a house.

The court presided over by a different judge had earlier granted one of the parties the right to initiate court processes to possess a House situated at Zamigu Tamale.

The court was, however, asked to use its powers to set this order aside because it was issued when there was a pending request that the court processes be put on hold.

Key to resolving this dispute was the question of whether there was indeed a pending court process at the time the court gave its order.

Both sides to the dispute had a document showing a search conducted at the registry of the High Court to answer this crucial question.

One side’s document showed there was a pending case while the other side’s document showed there wasn’t any such pending case and that the only outstanding case had been struck out by the court.

The Registrar was invited by the court to provide some clarity on the matter.

He told the court the document claiming there was no pending court processes did not emanate from his office since it did not bear his signature.

For the other document, the registrar told the court it had his stamp and signature, hence emanating from his office.

When asked who is responsible for issuing such documents, the Registrar said he was the one authorised to do so. He told the court he has never delegated such a duty to anyone.

The registrar, however, admitted during court proceedings that the unsigned document was his handwriting but one letter had been altered.

“Yes, it is my handwriting but if you look at question 3, how I write the letter ‘Y’ has been altered”.

The court was, thus, left with no choice but to answer the question of which of the two documents in dispute was authentic.

It, therefore, checked the official court records capturing the proceedings of the case to answer this.

It found quite strangely that the unsigned and unstamped document was rather a true reflection of the state of affairs.

“The attempt by the Registrar to downplay exhibit D is most unfortunate and can be viewed as an attempt to justify his false answers on exhibit c.

“In furtherance of his ignominious objective, he deliberately did not sign and affix his stamp on exhibit D but truth like cork always floats in the water. His attempt to put a label of authenticity on Exhibit C backfired.

“The most reprehensible aspect of his conduct is to impugn the integrity of the search of Alhaji Mohammed Abdullai Esq,” the judge stated.

He thus concluded that the court was misled.

“I also find that the court was misled by exhibit C of the defendant which was a product of dishonest conduct of the Registrar of the High Court Tamale and the dishonest conduct concealing vital information relevant to the consideration of the application.”

He, therefore, directed that the Chief Justice is asked to investigate the matter.

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Hanson K. Nyame writes: Justice and our new Chief Justice https://www.adomonline.com/hanson-k-nyame-writes-justice-and-our-new-chief-justice/ Tue, 04 Jul 2023 14:30:31 +0000 https://www.adomonline.com/?p=2268263 Now that all Africa’s colonized states have attained independence, it is wondered if Dr Kwame Nkrumah (if he was still alive) would not have replaced his 6th March 1957 declaration that “The independence of Ghana is meaningless until it is linked up with the total liberation of the continent of Africa” with that of “the independence of Ghana is meaningless until is linked up with the total justice for all her citizens.”

The word “justice” being very dear first to the first President, found its way into our Coat-of-Arm of “Freedom & Justice.”

At this stage, may I seek the indulgence of my readers to congratulate and welcome Her Ladyship Justice Gertrude Araba Esaaba Torkornoo to her high office as Chief Justice.

The surname “Torkonoo” rings a memorable bell in my ears every time I hear it because it reminds me of my one-time boss, Mrs Elizabeth Torkonoo, at the District Labour Office in Kumasi just before my admission to the University of Ghana in 1971.

It is my sincere hope that Her Ladyship will perform creditably and leave an indelible legacy as her personal contribution to Ghanaians in the area of true justice, just as has been done by her predecessors over the years.

I wish to congratulate His Lordship Justice Kwasi Anim Yeboah too on successfully completing his tenure of office as Chief Justice and retiring with all the honours he deserved.

Reminder
Her Ladyship the Chief Justice does not need anyone to remind her that she has assumed her high office at a time when many Ghanaians are wide awake, and demanding justice.

They have assumed for themselves that they know better than the members of the Bench to the extent of not only criticizing every judgement made by judges and magistrates but also insulting and threatening them too.

It is this attitude that needs to be addressed before her tenure comes to an end. Her ascendency has also coincided with several killings and high crimes for which those who are affected are looking up to her office for total justice.

Fortunately for her, her predecessors have laid some foundations upon which she can build to successfully lead the Judicial Service to satisfy Ghanaians with quality justice and make our independence truly meaningful.

One significant area is the number of improved court infrastructure and technology in the areas of record keeping and retrieval that have been commissioned for quicker delivery of judgement.

Delays
Her Ladyship, no doubt, is aware of how people do complain about the delay in obtaining justice.

The long winding legal technicalities and the cost involved in them deny a lot of citizens the justice they look up to.

Examples one can cite include the delay in the trial of the gentleman accused of murdering the late Member of Parliament for Abuakwa North and the trial of the man arrested in Abesim (near Sunyani) with a deep freezer full of human flesh.

I saw how uncomfortable Her Ladyship was, during her vetting, in answering one of the questions posed by the Chairman concerning how she would feel if the murdered person happened to be her daughter or son.

I got the impression that these delays are going to receive her immediate consideration and for doing so, a few lay persons’ recommendations are offered hereby.

Her Ladyship may like to look at and discuss with the Inspector General of Police the role of his Police Prosecutors, some of who get transferred and leave the cases they handle to others who have to start all over again.

She may also discuss with the Legal Council and the Bar Association how these delays that can be attributed to their members can be drastically reduced for the purpose of fair justice. She may also discuss with the Bench their long adjournments.

Serving
Another very important area to look at is how the accused can successfully be served by the Bailiffs, especially, if they happened to be “big men” in society.

Maybe, with the introduction of digitized facilities, a modern means of service would be explored without sending out Bailiffs who can easily be assaulted.

Here, I want to touch on how Members of Parliament too could be served if they are needed in the courts.

Can the provisions not be given another look by which the notice of service is addressed to the Clerk of Parliament for the attention of the Speaker for him to produce any of his or her members who the courts need to appear to answer either civil or criminal charges against them?

The manner in which the 2020 Election Petition of the National Democratic Congress was managed to end in three months could also be applied to long litigations including parliamentary seats, land litigations and so on. Parliamentary litigation could be made to last not longer than six months.

Cost
Her Ladyship may also be considering how justice can be accessed by the citizens by looking at the cost involved in seeking it.

Too much is demanded from aggrieved persons in order to meet the requirements of our courts thereby making justice only accessible to the rich.

The Alternative Dispute Resolution mechanism could be used for a large number of civil cases to reduce the heavy “traffic jam “in the courts as well as the cost involved in litigation.

Prisons and Cells
One other area of justice that people seek relates to their incarceration or that of their dear ones.

The prisons and the Police cells sometimes get choked and unpleasant for human beings some of whom are only on remand and not yet pronounced guilty.

Whichever institution is responsible for these facilities, needs to be encouraged to look at them to make them a little more decent since ANYBODY can be in one of them in the course of his or her, life even if for a brief period.

Maybe, the prisons need to be graded and applied in accordance with the type of culprit. For example, a first-time offender or one with only a misdemeanour can start in a little more decent place of incarceration – the harder the criminal, the more difficult could then be his area of incarceration.

Self-Defence
Our Chief Justice may also think about how justice can be accessible to her own men and women by ensuring that the several unprovoked attacks and insults against them shall be a thing of the past.

Most institutions, including the Executive and the Legislative arms of government have departments to speak for them, refute accusations and educate people when they make statements that deserve answers.

I have not heard of any Public Affairs Department of the Judiciary, (the third arm of government).

Madam, if this department exists, let it answer some of the attacks on you and your staff and commit only the more damaging ones to the courts for “contempt” charges just as Parliament is capable of doing in some extreme cases.

Wishing you the most blessed tenure.

(The writer is the Registrar, Ghana Christian University College, Amrahia – Accra)

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Koku Anyidoho sends goodwill message to Chief Justice Gertrude Torkornoo https://www.adomonline.com/koku-anyidoho-sends-goodwill-message-to-chief-justice-gertrude-torkornoo/ Tue, 13 Jun 2023 13:18:34 +0000 https://www.adomonline.com/?p=2259422 Chief Executive Officer of the Atta Mills Institute, Samuel Koku Anyidoho, has congratulated the new Chief Justice, Gertrude Torkornoo on her appointment.

The former Deputy National Democratic Congress (NDC) General Secretary has said he does not know Justice Torkonoo and may never know her.

But taking to Twitter after President Nana Akufo-Addo swore her in on Monday, Mr Anyidoho wished her well for climbing the ladder of women occupying top positions in Ghana.

“I wish her well for rising meritoriously to follow a tradition of women occupying the 4th most important Office of the Land.

“I hear she is God-fearing. Madam, look up to God and do what is right in His sight. Ayekoo. Shalom,” Mr Anyidoho wrote.

Justice Torkornoo will be the third female Chief Justice in the history of the country after Justice Georgina Theodore Woode and Sophia Akuffo.

She has over 19 years experience and takes over from Justice Kwesi Anin Yeboa as Ghana’s 15th Chief Justice.

She has served at the High Court, Court of Appeal and the Supreme Court, where she was appointed in 2019 by President Akufo-Addo.

President Akufo-Addo said the appointment of Justice Torkornoo was not particularly a difficult one to take as she had shown from her career “a full grasp of the intricacies” of the country’s judicial system.

In her acceptance speech, Justice Torkonoo was optimistic that she will bring hope for a justice system that is fair, efficient, and responsive to the needs of the Ghanaian people.

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