Chief Justice Torkornoo hearings: again ‘a matter of oxygen and ringside seats’

Last Saturday, May 24, there was intriguing news that a group of youths holding solidarity placards had assembled near the venue where the committee probing the petitions seeking the removal of the Chief Justice (CJ) from office is sitting, demanding justice for the CJ.

To me it was one more twist in the controversies and actions generated by President John Mahama’s decision to suspend Chief Justice Gertrude Esaaba Torkornoo, triggered by three separate petitions filed against her. The youths’ action underscored the importance and relevance of requests for live coverage of the proceedings of the committee, especially to douse alleged suspicions.

The suspension of the Chief Justice, on April 22, 2025, the first in Ghana’s history, followed the establishment of a ‘prima facie’ case (‘something which initially seems true, before investigation’, my understanding!) against her – a requirement of the national Constitution. Meanwhile, President Mahama has appointed Mr. Justice Paul Baffoe-Bonnie as Acting Chief Justice.

Evidently the move by the youths shows how much the CJ case has become a major national talking point, not to mention a political one. Some of the placards cited by Graphic Online on May 24, read: “An attack of CJ is an attack on justice”; “Chief Justice’s suspension is political”; “Restore the Chief Justice”; “Stop undermining the judiciary”; “Don’t erode public trust” and “Protect democracy now.”

Earlier, Graphic Online reported that in a writ filed at the Supreme Court on Wednesday, May 21, 2025 by Justice Torkornoo’s lawyer, former Attorney-General Godfred Dame, seeking an order to set aside her suspension, among other reliefs she seeks a “declaration that she has the right to public hearing of the petitions against her.

“She is seeking another declaration that upon a true and proper interpretation of various provisions of the Constitution, she has the privilege to waive the hearing of the petitions against her in camera.”

As announced, the five-member committee started work on May 15. Chaired by Mr. Justice Gabriel Pwamang, the others are: Justice Samuel Adibu-Asiedu (Supreme Court); Mr. Daniel Domelevo (a former Auditor-General); Major Flora Bazwaanure (Ghana Armed Forces); and Professor James Dzisah (University of Ghana).

According to media reports, the three petitions mainly accuse the CJ of incompetence, abuse of office and misbehaviour. The petitioners have been named as: a group known as the Shining Stars of Ghana with Kingsley Agyei as chairman and convenor; a Daniel Ofori; and lawyer and Assistant Commissioner of Police Ayamga Yakubu Akolgo of the Police Headquarters, Accra.

Numerous legal sources and individuals have pointed out that the Ghana Constitution stipulates that such impeachment proceedings should be held ‘in camera’, behind closed doors. Therefore, they insist that this has to be complied with.

My perhaps naïve thinking is that the framers of the Constitution probably sought to protect the accused; also, to prevent the public disclosure of national security matters.

And I agree with the view in some quarters that so far there is no indication that such sensitive revelations arise from the petitions. They all appear to be allegations to do with the conduct in office of the CJ.

Therefore, if Justice Torkornoo herself is asking for live coverage, for the public to have ringside seats at home to watch or listen to the proceedings, this should not present a problem.

Indeed, just last year Justice Torkornoo herself demonstrated her belief in the illumination of publicity when she allowed live coverage of the proceedings of the hearings challenging the controversial anti-LGBTQ (gay rights) Bill. So, in her own case, it should not be seen as a strange request.

Even if the committee has started sitting, in my opinion, that should not prevent the introduction of live transmission. As summed up in the saying, “the law is made for man, not man for the law”, there should be flexibility when it will help a cause, such as this particular one, the cause of transparency.

Furthermore, in the interest of fairness to all the parties, and to settle doubts and suspicions, I think it would serve the country well to have public hearings of the proceedings.

It is recalled that in the matter of the historic Election Petition of 2012, the then Chief Justice, Mrs. Georgina Wood, earned much commendation when she granted live coverage of the proceedings, because of the positive impact.

To refresh memories, the following are excerpts from an article I published in the Mirror weekly of August 17, 2013, under the headline “A matter of oxygen and ringside seats”:

“To my mind, the live coverage of the Election 2012 Petition evokes the imagery of one of the phrases associated with the late former British Prime Minister Margaret Thatcher, “the oxygen of publicity”. One can coin a similar expression by likening the effect of the live broadcast to ‘the illumination of publicity’.

“In 1985, Mrs. Thatcher famously, and controversially, asked the British media to deny the Irish Republican Army the “oxygen of publicity” in order to frustrate their campaign of violence, demonstrating her belief in the power of publicity. (Because) clearly, public education can ensure the spread of any cause.

“The live broadcast, courtesy of the Ghana Broadcasting Corporation, is not only providing enlightenment, but is also a monumental addition to Ghana’s credentials as a pace-setter. Through the live telecast, especially, everybody has been offered ringside seats to the proceedings thus ensuring a crucial element in this very sensitive matter: transparency. And transparency implies truth and justice.”

People have the right to petition for the removal of a CJ, so I think the subject, too, has the right to have their defence and explanations heard by the public.

But happily, it seems that my stand is not so naïve after all. The following are comments from two well qualified sources:

• May 2: the Minority Leader in Parliament Mr. Alexander Afenyo-Markin, made a “strong appeal for any potential committee hearings on the removal of the Chief Justice to be held in public and broadcast live, arguing that transparency is vital to preserving the integrity of Ghana’s judiciary” (Ghana News Online/myjoyonline.com).
• May 9: “Former Speaker of Parliament, Professor Aaron Mike Oquaye, has called for live television coverage of the ongoing inquiry into (the) petitions… arguing that public interest in the case demands full transparency. Although Article 146 (8) of the 1992 Constitution mandates that such hearings be held in camera, Prof Oquaye believes that exceptional public attention surrounding this case justifies a departure from that rule,” he stated in an interview (Joy News /Modern Ghana).

It is also recalled that the historic National Reconciliation Commission (NRC), inaugurated on May 6, 2002, had cause to thank the media and, in particular the Ghana Broadcasting Corporation, in its final report “in appreciation of the live and delayed broadcast of its proceedings by Ghana Television. The broadcasts went a long way in generating public understanding…”

If even the generally harrowing, sometimes chilling, accounts at the NRC posed no problems, and indeed enhanced public understanding, the public hearing request by Justice Torkornoo should be acceptable. Again, the law is made for man, not man for the law.

Surely, if she has nothing to hide from the Ghanaian public, then her request shouldn’t pose a problem for anybody else.