The Chief Justice and EC Chair will probably be eliminated – Mustapha Gbande
Deputy director in command of operations on the presidency, Mustapha Gbande has mentioned that Chief Justice Gertrude Torkornoo and the Chair of the Electoral Fee (EC), Jean Mensa, will probably be faraway from workplace.
He believes that the Chief Justice and the EC Chair are politically uncovered individuals subsequently, they’ve to get replaced with individuals who will not be politically tainted.
Talking on the noon information with Mawuena Egbeta on 3fm Friday, April 18, he mentioned, “We haven’t amended our legal guidelines; the identical legislation gave President Akufo-Addo the appropriate to take away Charlotte Osei; they’re all unbiased establishments, however he eliminated her.
“We’ve come, not simply repeating priority, however to cope with everybody on a case-by-case foundation. The Chief Justice should go, the EC chairperson and different politically uncovered administrators should go, and certainly they are going to go, it’s only a matter of time in order that we will fill these locations with individuals who will not be politically uncovered.”
His feedback come at a time when President John Dramani Mahama is receiving flak over the transfer to get the Chief Justice out of workplace.
As an example, a non-public authorized practitioner, Austin Kwabena Brako-Powers described the petitions towards the Chief Justice as empty.
He has subsequently urged President John Dramani Mahama to give attention to delivering his marketing campaign guarantees to Ghanaians and go away the Chief Justice to discharge her duties.
In a put up on his Fb web page, he mentioned “There’s a groundswell of stress on John Dramani Mahama from the Nationwide Democratic Congress to droop the Chief Justice, Gertrude Torkornoo, which can ultimately result in her elimination. However he should not yield to that.
“The so-called petitions filed towards the CJ, to this point, are empty, demonstrating a faint try and taint the fame of the pinnacle of the nation’s Judiciary in any respect prices. Mahama should give attention to delivering his marketing campaign guarantees to Ghanaians and go away the CJ to discharge her duties.
“Politics shouldn’t at all times be the reply to correcting perceived bias anyplace in our nationwide physique politic. Mahama has a legacy to guard and guard, not an equalisation to fulfill. The argument that somebody sacked this group of individuals and Mahama must do the identical factor doesn’t make sense. Let’s outgrow this infantile mindset as a individuals.”
Additionally commenting on the petition towards the Chief Justice, the Director of Coverage Engagement and Partnerships on the Ghana Heart for Democratic Growth (CDD-Ghana), Dr Kojo Pumpuni Asante mentioned that uncovering a Chief Justice’s political motives is troublesome with out undercover techniques like these of investigative journalist Anas Aremyaw Anas.
He famous that changing an alleged politically biased Chief Justice won’t clear up the notion of bias both, given the antecedents famous above.
As a substitute, he mentioned, legislative reform is required, comparable to capping the variety of Supreme Court docket Justices, regulating the Chief Justice’s administrative powers, and guaranteeing truthful, clear processes for promotions and transfers.
In an article, Dr Pumpuni Asante acknowledged that there’s a clear have to overview and regulate the Chief Justice’s discretionary powers.
The continuing Constitutional Evaluation course of presents a possibility to take action, and with its parliamentary majority, the NDC can push by means of extensively supported reforms, he mentioned.
“As soon as enacted, the present Chief Justice can be sure by these new guidelines. In distinction, eradicating and changing the Chief Justice would solely introduce a brand new appointee with comparable political baggage, repeating the identical cycle.
“Legislative reform is the more practical path. Furthermore, the present course of for eradicating heads of Impartial Governance Establishments is vulnerable to abuse, because it permits a President or ruling celebration to provoke and act on petitions with little oversight.”
President John Dramani Mahama forwarded three petitions calling for the elimination of Chief Justice Gertrude Torkornoo to the Council of State for recommendation, in accordance with Article 146 of the 1992 Structure.
A press release from the Presidency’s Communications Directorate on Tuesday, March 25, 2025, confirmed that the petitions had been submitted by varied people, urging the President to take motion towards the Chief Justice.
Following constitutional procedures, President Mahama has referred the matter to the Council of State to start the session course of required earlier than any additional motion might be taken.
The Chief Justice subsequently responded to the petition.
In the meantime, the Supreme Court docket has set Could 6 to listen to the injunction functions towards the petition to take away Chief Justice Gertrude Sackey Torkornoo from workplace.
The panel of 4 sitting as a substitute of 5, chaired by Justice Osei Bonsu, famous that the adjournment had been occasioned attributable to “unavoidable purpose”.
Justice Samuel Asiedu, the fifth member of the panel, was absent when the case was referred to as on Wednesday, April 16.
On the final adjourned date, former Lawyer Normal Godfred Yeboah Dame, representing Outdated Tafo Member of Parliament as a plaintiff in one of many injunction fits, averred that the president ought to carry on with the session processes with the Council of State.
He famous that the legislation prohibits the continuation of courtroom processes when there’s an injunction utility.
However reacting to his assertion, Lawyer Normal Dr Dominic Ayine indicated that no legislation prohibits the President from finishing up his constitutional mandate.
“He wants to know that that is the efficiency of a constitutional obligation and the legislation may be very clear that you simply can not enjoin the efficiency of a constitutional or public obligation,” the A-G famous.
The put up The Chief Justice and EC Chair will be removed – Mustapha Gbande first appeared on 3News.
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