The Economic Fighters League (EFL) has issued a statement regarding the removal of Chief Justice Gertrude Torkonoo, in accordance with the procedures outlined in Article 146 of Ghana’s 1992 Constitution.
While the group recognises the constitutional basis of her removal, it raised concerns over the broader implications for judicial independence, governance, and public trust in the judiciary.
In its statement, the EFL condemned what it sees as the erosion of public confidence in the judiciary, highlighting various controversies during Torkonoo’s tenure as Chief Justice. The League specifically pointed to two notable cases that have shaped the perception of the judiciary’s impartiality.
Judicial Controversies and Public Perception
The EFL emphasized the discrepancies in judicial urgency under Torkonoo’s leadership, notably in the case concerning vacant parliamentary seats. “While the Court demonstrated remarkable expedition in granting a stay of execution in the matter concerning the declaration of vacant seats in Parliament,” the statement read, “it failed to accord similar urgency to the longstanding disenfranchisement of the people of Santrokofi, Akpafu, Likpe, and Lolobi (SALL).”
The League argued that for four years, these communities were denied representation in Parliament, which it described as a violation of their constitutional right to equal protection and participation in governance under Article 17(1)(3) of the Constitution. “This omission constitutes a grave affront to both the Constitution and the principles of democratic accountability,” the statement added.
The EFL also criticised the judiciary for what it perceives as a selective application of judicial urgency, which it argues led to the perception of a judiciary aligned with the narrow interests of the Executive. “This selective application of judicial urgency has led to the perception, and in many respects the reality, of a judiciary that is not impartial but rather aligned to the narrow interests of the Executive,” the League stated, further noting that the outcome had been the erosion of public faith in the judiciary as the ultimate arbiter of justice.
A Call for Transparency and Reforms
Although the EFL acknowledged that no one should celebrate the misfortune of any public officer, they emphasized the cautionary lesson that the removal of Chief Justice Torkonoo presented. “When judicial office is employed as an instrument of political expediency rather than constitutional fidelity, the authority of that office is invariably compromised,” the League argued.
In light of Torkonoo’s removal, the EFL called for the following actions:
Full Publication of the Committee’s Report: The League demanded transparency by calling for the complete publication of the report from the committee that led to her removal. This, they argued, is essential for ensuring accountability in the process.
Judicial Reforms: The EFL called for institutional reforms to insulate the judiciary from political influence, urging that judicial decisions be rendered strictly in line with the Constitution and the rule of law.
Protection of Legal Rights: The League insisted that Chief Justice Torkonoo’s right to challenge the allegations against her be fully protected, underscoring the importance of due process.
Commitment to Judicial Integrity and Democracy
The statement concluded with a strong reminder of the importance of an independent judiciary for the strength of Ghana’s democracy. “The strength of Ghana’s democracy rests upon the independence and integrity of its judiciary, the legislature, and the executive,” the League stated.
“It is incumbent upon us all to ensure that never again shall constitutionally protected rights be sacrificed for partisan advantage,” it added.
