Open letter to Chief Justice Gertrude Torkornoo

Dear Chief Justice (CJ),

I hope this open letter finds you well.

As you might be aware, the public image of the Supreme Court (SC) that you came to succeed from CJ Kwasi Anin-Yeboah(retired) in June 12, 2023, has been unsatisfactorily low and it is even getting worse under your leadership. The conduct of the SC with respect to the Election Petition 2021 brought by the largest Opposition Party (NDC) to the Highest Court of the land caused Ghanaians to call it a ‘Unanimous FC’ bench.

The piling of the SC and other courts with Judges perceived to be sympathetic toward the appointing NPP President, Nana Akufo-Addo is gaining currency that the Judges under your watch are doing the bidding for the NPP. This is reflected in the way cases are being handled by your administration, which is concerning to many including myself. Although there are several examples which exposed the seeming bias of the SC currently, I would like to only cite 3 of them in my short open letter to you.

First, the SC under the tenure of your predecessor, CJ Anin-Yeboah(retired), of which you were part ruled that one’s birth certificate cannot be a proof of citizen except travel passport and Ghana card. This ruling has never made enough common sense to many still since birth certificate is a primary document containing parentage of individuals and it is used for the procurement of a passport and Ghana card in the first place. It is tempting to believe that the SC only went this way to exclude birth certificate as a proof of citizenship because the ruling NPP wanted it so since they were calling for only Ghana card to be used for registration of Voters but not birth certificate.

Second, for now, about 90% of Ghanaians coming from various sections of our society embrace the passage of the anti-LGBTQ+ Bill into law to protect Ghanaian family values from the perceived dangers of the activities of the LGBTQ+ in Ghana. Despite the bill being unanimously passed by Parliament, the injunction application has stalled it from getting accent from President Akufo-Addo. This case looks as if it is being iced for the mean time, which has led to a recently organized demonstration against you and your office by the Promoters of the bill and other concerned Ghanaians.

Third, most recently, the 4 affected MPs breached some constitutional provisions stated below and the NDC Minority Caucus brought a notice of petition to the Speaker to rule on it. Within 48 hours, the Rt. Hon. Alban S. K. Bagbin declared the 4 seats consisting of 3 NPP MPs and 1 NDC MP vacant in accordance with Article 97 1 (g) & (h) of the 1992 Constitution. After the now Minority Caucus leader, Hon. Afenyo Markin went to the SC to stay the execution of Speaker’s ruling, the SC acted with a speed of light to suspend Speaker’s declaration on Thursday, 17th October 2024. This raises eyebrows and selectivity on the part of SC when one considers previous cases ‘resting peacefully’.

In concluding, the seeming bias exhibited in the injunction case on the anti-LGBTQ+ Bill and other cases brought by the then NDC Minority Caucus, the expedited action taken by the SC led by you to suspend the constitutionally right ruling of the Speaker is in a very bad taste. The old SC’s ruling on birth certificate not being proof of citizenship is equally problematic. Madam CJ, Ghanaians want the SC to be truly independent and objective but a SC which is not a political court to do the bidding for the NPP government which nominated most of you to the bench. In fact, this current court under your watch is suffering from ‘high political biasness’ toward the governing NPP to the neglect of other critical players.

By your ruling to suspend the Speaker’s declaration of the 4 seats vacant has the potential of drawing the country into chaos since Parliament is an equal Arm of government like your outfit. Your decision was a highly unfortunate suspect of favoritism from the bench of which you chaired toward the NPP. Mr. Speaker Bagbin’s WISE decision to adjourn the House sine die means the public will be watching to see how you will apply your previous lightning speed to also deal with Speaker’s application to stay your own ruling. Interesting day ahead. Isn’t it?

Your Ladyship, you seem not to be doing very well like your predecessor, CJ Anin-Yeboah (retired), but there is more room for improvement.

Kind regards,

Letter from a concerned Ghanaian