Kow Essuman, former legal counsel to former President Nana Akufo-Addo, has made a public call for the immediate release of the committee’s report regarding the removal of Justice Gertrude Araba Sackey Torkornoo from her position as Chief Justice of Ghana’s Supreme Court.
In his statement posted on Facebook on Tuesday, Essuman emphasized the importance of transparency in matters of such national significance, particularly when it involves the independence of the judiciary.
He referred to President John Dramani Mahama’s decision to remove Justice Torkornoo, which followed a recommendation by a committee constituted under Article 146(6) of the Constitution. While acknowledging that the President was constitutionally required to act following the committee’s recommendation, Essuman questioned the fairness of the process and urged the release of the full report.
“The people of Ghana, as sovereign stakeholders in the governance of this Republic, are entitled to know how decisions of such profound constitutional importance are made,” Essuman stated. “This is not merely a matter of curiosity but a matter of constitutional principle.”
The removal of the Chief Justice, though legally mandated, has stirred considerable controversy. Legal experts and civil society groups have raised concerns about procedural irregularities and the potential erosion of judicial independence, with several ongoing court cases challenging the constitutionality of the proceedings.
In the wake of the removal, the calls for transparency have intensified, especially after the Minister for Government Communications was reported as saying that the Committee’s report would not be made public.
Essuman criticised this stance, declaring it “constitutionally indefensible”. He argued that transparency is a fundamental principle in any democratic society and that the government must respect the public’s right to access information, especially in matters involving the judiciary. “In any constitutional democracy, transparency and accountability are not optional virtues; they are binding obligations,” Essuman wrote. “The public’s right to know is not extinguished after the conclusion of proceedings.”
Referencing a key 2015 Supreme Court decision, Dery v. Tiger Eye P.I., Essuman pointed out that once the Committee’s work is complete and the report submitted to the President, the constitutional obligation for confidentiality under Article 146(7) ceases to apply. The Court had ruled that the public’s right to know, though temporarily deferred, is not permanently denied. “The curtailment of free speech is not a permanent act,” the Court had stated in the ruling, affirming that transparency must be restored once the committee’s work concludes.
Essuman called on President Mahama to release not only the full report but also all associated documents, including witness testimonies, the petitions filed against the Chief Justice, and the President’s consultations with the Council of State. He emphasized that withholding these documents would contradict established legal precedents set during former President Akufo-Addo’s administration, which had consistently prioritised transparency in similar matters.
In his post, Essuman highlighted several examples of transparent governance under President Akufo-Addo, including the release of the Martin Amidu v. Special Prosecutor report and the full KPMG report on the SML audit. “These examples underscore a consistent and commendable commitment to transparency,” he noted, urging President Mahama to follow suit and demonstrate his adherence to constitutional principles.
“The people of Ghana deserve to know how decisions about the removal of the head of the Judiciary were made.”
“Releasing these documents is not just a matter of legal obligation; it is a moral and democratic imperative.” Essuman concluded.
