Kwaku Ansa-Asare, a former Director of the Ghana School of Law, has slammed the Chief Justice (CJ), Gertrude Araba Esaaba Torkornoo, for certain comments she made during the hearing on the vacant seats controversy.
He says Madam Torkonoo’s comments only breeds division at the Supreme Court after her words only sought to disclose the political affiliations of the bench.
The Speaker of Parliament had filed an application to the court to overturn a decision it earlier made on the declaration of some seats in Parliament vacant.
The Supreme Court on Friday, October 18, 2024, instructed Parliament to allow some four MPs to continue their duties until the case is resolved, effectively pausing the Speaker’s declaration on October 17.
The Supreme Court, in a verdict on an ex parte motion filed by the Member of Parliament for Effutu and leader of the New Patriotic Party (NPP) Members in Parliament annulled the Speaker’s declaration.
The legal team of the Speaker had argued that the Supreme Court lacked jurisdiction in the matter, based on the 1992 Constitution.
At the hearing, Counsel for the Speaker of Parliament, Thaddeus Sory, argued for the recusal of Justice Ernest Gaewu.
According to him, Justice Gaewu once contested as parliamentary candidate on the ticket of the governing New Patriotic Party (NPP) in the Volta region.
During proceedings in court Wednesday, October 30, 2024, Mr. Sory said Justice Gaewu’s membership as an NPP and sitting as a judge on a matter seeking the interest of the party may compromise his judgement.
“He was known to be associated with New Patriotic Party (NPP) and in fact he was a parliamentary candidate in one of their constituencies in the Volta Region,” Thaddeus Sory argued.
But the court dismissed the application. “We have considered the application, and we have come to the conclusion that the grounds supporting the application have no merit,” the Chief Justice stated.
During her ruling, the Chief Justice said there have been instances of having judges on the bench who belonged to other political parties, including the National Democratic Congress and a judge who was a former General Secretary of the People’s National Convention (PNC). She added that once the person has been vetted and approved by Parliament, he was fight to occupy the role and sit on any matter.
The comment, is what the former Director of the Ghana School of Law says is unfortunate.
According to him, Madam Torkornoo should have argued that once a judge takes an oath to serve on the bench, neutrality becomes his hallmark irrespective of his political affiliation.
However, the CJ’s comments, Ansa-Asare says, has now created the impression that the bench is composed of persons who are politically coloured.
He told Captain Smart on Onua TV’s Maakye Thursday, October 31, 2024, that the CJ’s comment has created a division at the Supreme Court making the judges now see themselves as persons coming from different political backgrounds.
“She made some comments which ought not to have been made at all. She should have said that we don’t know NPP, NDC, PNC or any party in our court here. All we know is the Supreme Court,” he stated, citing the arguments that went on when the application for the recusal was being made.
“She should have said that when one becomes a judge, it doesn’t matter where he belongs, they do their work independently. A judge is assumed to be blind that’s why the scale of justice is a blind old woman. Even though the woman is blind, all she knows is the law and applies it as it is,” Ansa-Asare added.
Mr. Ansa-Asare said Madam Torkornoo is simply creating a division on the bench.
“She also created a division amongst the justices of the Supreme Court. Now she says some of the judges at the Supreme Court could become NPP, NDC, CPP, PNC etc. If our Chief Justice would show the political colours of our judges, it’s not good. She shouldn’t say that again because tomorrow, another judge will say she is also an NPP and it was the NPP that brought her,” pointed out.
Source:onuaonline.com