'Nightmare' of Justce; GetrudeTorkornoo Out, Jean Mensah Next?

Justice refused to sleep on the 'cozy' bed laid for it by Nana Addo, Dr. Bawumia and some of the then NPP movers and shakers. It fooled them with a nodding nap periodically but refused to adhere to the bed-time tales; they bombarded it for it to sleep to continue dreaming about them even after their exit from the Executive room on the midnight of January 6, 2025.

Two people would have been rotting in jail today had justice been given the freedom to take even a comfortable nap on such a trap of a bed. Thanks to the General mosquito's party leadership who continued the noise in the ears of justice to keep it awake and steady. These individuals are currently part of the core reasons the country is making positive strides in the area of the economy and national security.

Former Justice Torkornoo's removal proved that the constitution of Ghana is indeed supreme and the Judiciary can sometimes appear to be vulnerable on the sight of doubters but is resilient when subjected to the test of time.

The 'mosquito-led' deserve a mention for making it impossible for justice to sleep and saving it from the nightmares prepared for it had that sleep occasioned.

The continuous buzzing and tactical wisdom sound from the mosquito general himself was enough to irritate and dismantle the acquired destructive strength of those who continued to hold justice by the neck, as it laid on the trapped bed, prepared for it to weaken the Judiciary in their favor.

The culprits included some media houses; in whose 'houses' the construction of that destructive Justice-targeted bed was assembled. To be shamed are equally those media persons, commentators and some of the so-called CFOs.

Also, are some leading faculty members of the university community who were consumed by emotions instead of the Rule of Law to strongly hold the frame of that trap of a bed to be glued and nailed together, especially when no less a person and office of the fourth most powerful person of the land was concerned.

They saw everything wrong with the exercise of an already tested provision of the Supreme Constitution of Ghana that is religiously being followed, and added all the strength in them, many publicly without fear of favor to join in hammering the nails into that trap of a bed moulded for the new government, and by extension the Ghanaian people, to feed their selfish unpatriotic tendencies and expected selfish gains.

The question is, must our personal emotions, love for individuals or a political party deflate our sense of judgement, and make us go every length to obstruct the exercise of Rule of Law, the dispense of Justice and, or subject the constitution of the land to riddicle internationally, such as the ECOWAS and Commonwealth levels when even the subject is one who interpreted the law and know the law?

Understandably, strengthening the constitution and Rule of Law can involve challenging the spirit and letter of a constitutional provision, and there are structures in place to do that, which all must respect.

The Supreme Court will always be alive in any genuine democracy to listen and interpret any constitutional provision that any citizen feels is not being applied correctly.

When the Apex Court lends its ear, not once but severally to a citizen's call for justice that he or she feels was not given or dispensed, it is imperative for the citizen or person to respect the judgement even if he or she disagrees with the Court.

External associations or groups cannot dictate to the Supreme Court of a sovereign nation and a Supreme Court judge must be in the know about this fundamental reasoning. The Courts doors are open to them to file their case if they strongly believe justice was not served.

It is hasty and lazy way of winning at all cost without appreciating the existence of losing to a better argument and process that led a nation like Ghana to allow a 'colonial' Black Book in coma somewhere unperturbed to decide the fate of an all important presidential election dispute, when the constitution of Ghana was alive and breathing yearning to be respected by the same people who put their spirit in it.

We expected a high level open minded, unbiased commentary on the post-Torkornoo removal, stating the legal arguments and pointing to what was legally or constitutional deficient in the removal process. This is not the time for masquerading solidarity for a wrong found done.

Justice Sophia Akuffo is one of the fine Chief Justices of Ghana respected internationally. She recently expressed her personal view on Torkornoo's removal during a media interview she granted. Being that it was her personal view, there is no cause to fault her. Who knows if in her capacity as Council of State member, she found merit in the prima facie determination from the onset.

She is an accomplished legal brain with a record of being firm when it comes to her position on issues personally, and as a Judge and Chief Justice. An example is her handling of the Charlotte Osei and her deputies removal from office as Ghana's Electoral Commissioners on June 28, 2018, after a petition was forwarded to her as the then Chief Justice.

Justice Sophia was part of the vehicle that drove Torkornoo home, in her capacity as a Council of State member. Whether that ride was bumpy or smooth, all or part of the occupants of the vehicle decided to take a route or road that will not hurt the Constitution and at the same time respecting the seats they sat on in the vehicle, even if they did not look at each other in the vehicle when it was in motion. It is the constitution that all of them swore to uphold and defend no matter how personal an issue is to them.

What many are not asking is, did madam Torkornoo do what was leveled against her, even one? Did she admit to some of the allegations? The issue is not how big the crime is, especially when a Chief Justice who must know the law is involved. The standards must be very high, and none is above the law, as in her own words, 'the law is the law'.

Will acting Chief Justice, Baffoe Bonnie be elevated to a substantive Chief Justice for the rest of his service years to retirement? He will be a Judicial reset Chief Justice leaving a reformed and strengthened Judiciary as a legacy, especially under the reset agenda.

EC Boss and Deputies Exit.
Generals I know or have come to learn about are not cowed by antics of enemies. They keep their nations safe all the time, especially during wars. Therefore, the war against destruction of a nursing democracy must be won at all cost, for the citizenry to be safe, free and prosperous.

Destruction of democracies begins with an unfit and questionable electoral commission or process. Ghana's electoral commission and process since 2020 has been questioned severally and brought under scrutiny by individuals, groups, CFOs, and registered political parties in Ghana.

This can be traced from the simple arithmetic errors bedevilled with the declaration of the 2020 presidential election results, where the results had to be declared for about seven times. The refusal of the electoral commission to mount the witness box for cross examination by the petitioners during the 2020 electoral petition hearings, procurement of electoral materials issue, sensitive electoral equipment, including laptops missing and found to be in the hands of individuals on the streets, and many electoral materials handling flaws that led to the destructions of sacks of ballot papers causing financial loss to the State in 2024, cannot be a the highest standard deserving of Ghana, No!

As General 'mosquito' of NDC recently added his voice to the call for the Electoral Commissioner, Ms. Jean Mensah and her deputies to be removed, and the NPP party's executive leadership led by their General Secretary, Justin Koduah also call on Jean Mensah and deputies to be removed for incompetence, it is no longer debatable that the time for the Jean Mensah led electoral commissioners to go is now.

Else, they will begin infecting coming elections, especially the 2028 general elections with their incompetence at the expense of National Security, for elections must not be consumed by unwarranted tensions as has been the case under their watch, including loss of lives.

His Excellency president Mahama must act on any petition in his possession, or to be brought to his desk with the speed of light it deserves. There is a precedent in that sector.

The removal of madam Getrude Araba Torkornoo as Chief Justice and Supreme Court Judge on the same Article 146 that will remove the electoral commissioner adds weight to why and how madam Jean Mensah and her deputies need to be removed to sanitize the electoral process in Ghana. As a distant and close observer of Ghana's democratic dynamics, I will suggest to the President, the Council of State, and the Chief Justice to be appointed as substantive to please think about the nation's fragile democracy first when the petitions come to their outfit pleading for an opportunity to sanitize Ghana's electoral process.

I will suggest to the president, the Council of State and the Chief Justice to be appointed as substantive, to please think about the nation's fragile democracy first when the petitions come to their outfit pleading for an opportunity to reset the electoral commission to continue serving honestly as one of the bedrocks of Ghana's democracy.

Ghana deserves better and emotions must not define institutions' sense of judgement. The fear of insults from some sections of the public instigated by their fear of the right things being done to eliminate their diabolic dominance on some aspects of the people's weakness must not intimidate or cloud the credibility of judgement of those holding sensitive institutions in trust with the good people of Ghana.

If the electoral commision is not reset to a standard that repose the people's confidence in that office, I foresee the erosion of all the successes chalked in the name of resetting Ghana brought to a disgraceful end for the gallant men and women, young and old, home and abroad, in government or opposition who fought tirelessly in the open or discreetly to build a never-before seen majority affection for a government in the history of Ghana after after Osagyefo Dr. Kwame Nkrumah we are witnessing today.

The legacy president Mahama intends leaving behind, most of which have begun taking shape will be short-lived if the current structure of the Electoral Commission is not aggressively reset to give hope to the citizenry and bolster the economic gains and development aggressively taking shape to the admiration of the electorate and the international partners of Ghana.

I have always maintained that change of government after a full term or continuation of the same is not not determined only in the next general elections. It is determined by the actions and inactions of both the ruling government and the opposition parties, from the very day the new government took office. Even to some extent the actions and inactions of the same from the declaration of results to handing over or swearing in. The actions of all the players in that democratic journey before, during and after elections must be a reminder and a guide for the next and subsequent elections.

Therefore, the ruling government must equally think as if it were in opposition to succeed. Ghana has never been short of able men and women, home and abroad to man the affairs of all democratic institutions, including the Electoral Commision.

We have had some excellence celebrated in that office nationally and internationally over the years, including Dr. Afari Gyan and Mrs. Charlotte Osei. Thankfully, Mrs. Charlotte Osei has not announced retiring from active public service and can be brought back to inject that discipline she once injected that earned her enemies.

She is currently a promising legal brain with an international exposure who can eventually wear the wig of a Justice of a Supreme Court to bolster Ghana's electoral laws, especially being part of the constitutional review committee of Ghana currently. A rich resource she will be to the Apex Court in the field of corporate and electoral laws and issues.

President Mahama can once again make history by considering her as the new electoral commissioner to stage a come-back like he, president Mahama did to prove many wrong to the admiration of two-third majority of Ghanaians. After all, we now have reason to believe that some decent come-back yields the fastest and positive results.

Jean Mensah and team must be shown the exit, and Mrs Charlotte Osei must be immediately and adequately used to help save Ghana's democracy, economic and developmental prospects.

Legacies are not anchored in the practice of pleasing some or all the people in the present. It is about taking difficult and the best decisions even in the strongest opposition sometimes to shape the future of the people for the better, leaving them a future where they (the people) will be pleased with the unpopular decision(s) of the past that is benefiting them today, and to forever remember you as a great leader or great leaders.

The moment is now for Ghanaian leaders across the divide, including institutional sector heads to do the needful for God and Country, without fear or favor to be part of the legacy in the making. The worst feeling of tomorrow is to be on the wrong side of history.

An individual can pave the way and or set the pace but it cannot be done by just that individual. We are all involved in building our motherland.

I rest my PEN.
Mustapha Alhassan
Pennsylvania, USA.