Logo-Ligi Logarithm In Supreme Court

Be just, and fear not – Henry VIII, Shakespeare

CUM INCIPIO (Latin: To begin with), let us acknowledge our lecturer in Russian literature, Atukwei Okai, who succumbed to the solemn quietus in July, 2018, aged 77. We could hardly forget the punishment for not reciting “Ya Goya” (I am Goya by Andrei Voznesensky); written in Russian alphabets (very different from English alphabets); “I am Goya… I am grief… I am the tongue… ashes of the uninvited guest… I am Goya”. We would stand on our tables, until one day, someone fell from the table… could it be we? Perhaps.

In mid-June the vetting of the President’s seven (7) nominees to the Supreme Court came up. You would love the questions-and-answers. Call it gruelling, and the marksmanship to their Lordships. Justice Phillip Bright Mensah called for an increase in the number of Supreme Court Justices (20, ideally) to effectively manage the growing caseload. Example: out of the 939 pending in 2022/23 legal year, the Court could conclude only 344 (as per the letter from the Chief Justice Torkono to the President then, Nana Addo). He noted his preference for the judges to rise from the ranks: Magistrate, Circuit, High Court, Court of Appeal, then Supreme Court.

Justice Senyo Dzamefe suggested the uncapping of the Supreme Court: “So far as the Constitution doesn’t cap the number of judges, I am for it.” In the U.S., the Supreme Federal Court has 9 judges, but each state has a Supreme Court. He did not see anything wrong in having a branch in the North. He noted, “In adjudicating cases to tribunals, the law is 20% while wisdom is 80%.”

At the turn of Justice Dennis Adjei, the prolific author of many books on law, and law lecturer, suggested the imposition of alternative sentences in place of the death sentence; The abolition of the Armed Forces Act (Act 105), …we must respect life, and not violate the fundamental human rights: respect Article 4 of the African Charter on Human and Peoples’ Rights.

He noted that a Chief Justice, by the Constitution, cannot assume presidential powers in the absence of the President and Vice-President (and the Speaker?) “Why should a Judge or Chief Justice, whose role is to resolve disputes, be given executive responsibilities?” Justices Gbiel Simon Suurbaareh, Kweku Tawiah Ackaah-Boafo, JanapareAdzua Bartels-Kodwo HafisataAmaleboba also took turns in the vetting.

After a heated plenary Parliamentary debate, the Parliament approved all the seven judges. The Minority had stated through Afenyo-Markin: “All Minority members opposed and voted against the nomination of the seven judges, … The recording of the meeting will indicate that everybody on the Minority side said no.”

So, the majority side said yes, repudiating p32 of the discredited “Agyapadie Book” which says: “we have to make sure that even in the unlikely event that the NDC win the 2020 elections that they do not get the chance to appoint more judges to the Supreme Court. Our control over the judiciary is important for our protection even if we are to lose the elections…”

You may ask: “Why should the suspended Chief Justice, Gertrude Torkonoo hold a press conference over her suspension?” Why does the Constitution say the investigation and other issues affecting the Chief Justice, be done “in camera”? The ordinary folk (traders, drivers, tailors, … excluding the lawyers, …) took into consideration the reputation of the Judiciary. Wouldn’t the Judiciary be embarrassed if cross-examination was done in public?

Q: You went on a private trip to London. A: Yes

Q: And you went with your husband. A: Yes

Q: And you know that the rule is that you could only go with your husband if the journey was official? A: Yes, but I did so because as Ebenezer Obey, the Nigerian Juju musician came out in 1981 with the album “Eto Igbeyawo Kaye” which says “What God has joined together, let no man put asunder.” You will find this in Mark 10:9 er, er,…

Q: Madam, why don’t you go straight to answer the question A: Er, er, er… Embarrassment, and a hardened criminal jailed 40 years by the CJ would be hilarious.

Then, you will recall what the suspended CJ said August 1, 2023 at the Annual Legal Ethics Training Programme organized at GIMPA law faculty: “If we could haul an individual for contempt before any court for discussing a case in court, then we ought to haul a judge even faster… A judge shall refrain from making any public statement that might reasonably be expected to affect the outcome or impair the fairness of a matter pending in any court…”

Why would you not keenly follow the discussion on Justice Torkonoo’s press conference. Then, you notice Ansa-Asare (ex-Director of Ghana School of Law) tagging the press conference as: unexpected, unbecoming, unacceptable, disrespectful… She should be civil, decorous, … she should apologise to the President and to the whole country. Do you understand “sub judice”?

Why? We can understand the trauma she is going through, but where in any of the eleven (11) rules of Article 146 did the President go wrong? Was she the most senior at the time of appointment as Chief Justice? Was she “selective” in empanelling people she could work with? Look, the press conference opened the Pandora box!

What is wrong with the venue for the committee sitting? A.L. Adu Lodge opened on 23rd December, 2024 by Akufo Addo who said, … it was “… a facility that embodies the generosity, vision and patriotism of one of Ghana’s finest sons… Today we reflect on this exceptional project, we celebrate not only the physical edifice before us but also the values and legacy of a man who dedicated his life to public service and diplomacy, …” why invoke the spirit of the late Major Acquah?

Veteran AyikoiOtoo, the brilliant lawyer who saved Kwadwo Owusu-Afriyie (Sir John) with his “gbeshie” plea said to be one of the lawyers for Madam Gertrude, so the expectations would naturally be high. 1 Corinthians 10:23 says: “All things are permissible but not all things are helpful”. One ought to be guided by wisdom and discernment. He who comes to equity must come with clean hands.

Arthur Kennedy thinks if Madam Torkonoo has any complaints, she should not go to the court of public opinion. Art. 19 of the Constitution talks of a “fair hearing.” The President of the Ghana Bar Association, Efua Ghartey (Esq.) was expressing her personal opinion at the 43rd Ghana Martyrs’ Day when she said: “… All the various calls made for a reconsideration of the suspension of the Chief Justice must not be ignored… it sets a poor precedent.” This cannot be the general view of the Ghana Bar Association; otherwise, it would come in the form of a resolution at a Bar Conference.

And Kwabena Adjei Agyapong: we sympathise with him, but then he should not be tempted again to talk of Madam Gertrude’s actions as “minor infractions.”

But as for Maurice Ampaw we pray for him for saying: “Nyame betua lawyers a wonom se yenny: I Torkonooadie no baakobaako.” Who said: “The law is the law”?

Resignation? A Ghanaian politician or bureaucrat? Is Ghana like Thailand where the Prime Minister Paetongtarn Shinawatra will readily accept to be suspended for calling Cambodian ex – President “uncle” OR UK where a Minister Chris Huhne would  resign for his wife claiming to be driver of his speeding vehicle and face the law?

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