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Sun, 27 Apr 2025 Feature Article

The Fear Of Article 146 Must Not Set Justice Gertrude Torkornoo And Ms Jean Mensah Free If Found Guilty, For Former EC Boss Charlotte Osei Was Human Too

The Fear Of Article 146 Must Not Set Justice Gertrude Torkornoo And Ms Jean Mensah Free If Found Guilty, For Former EC Boss Charlotte Osei Was Human Too

For the believers of numerology and numerologists at large, your silence has become too loud of late and it is concerning. Tell me not, that your counting and meditations have not whispered in your numerous listening ears if your eyes have refused to see and count judiciously the currently popular and celebrated 1992 Constitution of Ghana article 146.

Is it that the article is one of the articles in Ghana’s constitution that is unambiguously stated to require no interpretation like some that laced the running shoes of a lawmaker to sprint to the Supreme Court, charm a hearing in 24 hours and magically secure a hurriedly and unanimously given Stay of Execution Judgement, at the expense of other equally important cases yawning to be heard but put to sleep and coma to naturally expire instead?

A judgement that will eject the Speaker of Parliament from his chamber to assert the independence of the legislature and his authority to the world in front of many press cameras. The Speaker of Parliament will even be moved to sing one of his favorite High School songs indirectly dedicated to the now suspended Chief Justice of Ghana.

The Speaker would have held onto the song if he had known that songs like his, touches not the heart of ones who probably dream about Article 146 all the time and the ones who will eventually engage in a shouting match with his (the Speaker) lawyer, Thaddeus Sory in the Court of Law proceedings telecasted live on national televisions.

Maybe the numerologists will not dare tackle the number 146 for fear of trading their pronouncements for unwanted sleeping places. They rather will ‘swallow’ the whispers they are hearing using their ears, to not be tempted to open their mouths for their tongues to give them away.

Should the alleged petitions to remove the EC Chairperson and her deputies submitted to the president be true, then the sharpened ‘surgical knife’ of Article 146 may be called upon again to dissect the case of the EC Chairperson and some of her deputies soon. Should the 5-member committee set up by the president to investigate the prima facie case against the suspended Justice Gertrude Torkornoo finds her guilty and recommends her removal, then the petition to remove the EC boss and her deputies if indeed submitted, will be sent to a new Chief Justice.

Time, naturally is a Judge and appears to have taken and continues to be taking power from the once powerful, and now giving it to those who suffered in one way or the other from the actions and inactions of those who thought power was everything, conceals everything and will be everlasting. For those involved never thought they will leave to witness it unfold in real time and in real life.

Maybe the biblical Hosea Chapter 8, verse 9 invoked by the celebrated Law luminary, Tsatsu Tsikata built a massive current of winds of all kind since 2020 to form a whirlwind at this time and cause this powerful shake up that will make some lawyers to ignore due process and immediately lose their precious reading glasses that helped them understood article 146 in 2017 to the latter when Ms. Charlotte Osei was the one to be removed from her position.

The current process is even more transparent to the point they even chose to leak the petition in public to the condemnation of the president. An act that further deepened the woes of the suspended Chief Justice Torkornoo by exposing the ills she was accused of to the whole world.

Could it be the bad spirit characterized by some London-based Black Book that has planted some bad seeds to yield undeserving fruits? Fruits that are rotting rapidly in 2025 due to the overwhelming charms of the true Spirit of the People’s book nicknamed the Constitution that has genuinely been reignited. As to why the fruits will be left still hanging on the trees rotten before dropping them disgracefully, is worth finding out.

As if that was not enough, they plan to tell her alleged 'crime’ to the world again on the streets of Ghana in protest, with many asking what is it that was done against the law in her removal case? None have answered so far.

President Mahama then a petitioner against the Electoral Commission in 2020 was through his lawyer Tsatsu Tsikata denied cross-examining the electoral Commission Chairperson, Ms. Jean Adukwei Mensah during the hearing of the electoral petition.

Many scenes in the courtroom will capture the popular voice of the suspended Chief Justice Torkornoo interjecting periodically in a manner some Ghanaians felt was a coaching lesson to the late lawyer Akoto Ampaw who was the lawyer of the defendants who joined in that case.

President Mahama now has the final say to remove Justice Torkornoo from office as Chief Justice. A Judge who then was part of the Justices with the final say to send then former president John Mahama home in disappointment. The aftermath of the disappointment earned Justice Torkornoo and the other six Justices the ‘Unanimous FC’ name by the then equally disappointed supporters of president John Mahama.

Mr. Daniel Yaw Domelevo, an accountant and former Auditor General of Ghana was asked to proceed on leave when he was left with about a year to retire as a civil servant. He challenged the case at the Supreme Court of Ghana which Justice Torkornoo belonged to. His case was delayed until after his retirement to be ruled in his favor. Domelevo also gets to determine Justice Torkornoo's fate as a nominated member of the 5-member committee set by president John Mahama.

Justice Gabriel Scott Pwamang who was recently labeled by the minority NPP as an NDC leaning Justice, has also been tapped by H.E. John Mahama to chair the five-member committee to investigate Justice Gertrude Torkornoo prima facie removal case.

Mr. President, if you please do not do the needful within the confines of the law that no ONE has currently proven you have broken, that will be the end of respect for your presidency, for the pushback you are getting from the 'noisemakers' is grounded in deliberate fear of accountability emotions found nowhere in the mighty constitution of Ghana as a provision or Article to be worried about.

Remember, Mussa Dankwah's Global InfoAnalytics tells us with their recent polls that over fifty percent (50%) of the same Ghanaians support Justice Torkornoo's removal. These citizens will blame you for not adhering to an important constitutional provision to do the needful and can stand on that fact to call for your impeachment.

No matter how many calls to invoke article 146 after Justice Getrude Torkornoo has been brought to finality, please boldly exercise your power given to you by the constitution and the good people of Ghana as the PRESIDENT of the land to do your solemn job!

You are not only a student of history, you double as a complete embodiment of history in Ghana, Africa and the world. Touch everything positive with the hand of history that moulded you, and leave behind a positive handiwork worth a golden standard legacy in history. You have a precedent anchored by King Midas to not worry about.

Mr. President may have not heard, but his Creative Art Minister can brief him about a new noise called a song to be outdoored soon to distract his focus. It is titled, 'mighty minority'.

Well, the pieces many are struggling to put together seem to rest in the answer to this question and it is, who sees a pebble on the surface of an ocean?

I rest my PEN.
Mustapha Alhassan
Pennsylvania, USA.

Mustapha Alhassan
Mustapha Alhassan, © 2025

This Author has 35 publications here on modernghana.comColumn: Mustapha Alhassan

Disclaimer: "The views expressed in this article are the author’s own and do not necessarily reflect ModernGhana official position. ModernGhana will not be responsible or liable for any inaccurate or incorrect statements in the contributions or columns here." Follow our WhatsApp channel for meaningful stories picked for your day.

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Started: 01-05-2025 | Ends: 01-06-2025

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