By The Gallant Cadres of NDC
The former Chief Justice, Araba Assaaba Torkornoo would have to render an unqualified apology to the people of Ghana. She has tainted the image of Ghana in a very bad light, wasting the nation’s time and resources. Torkornoo’s demand for $10 million in reputational damages from Ghana over her removal as Chief Justice has been rejected by ECOWAS Court. The Court found no basis and rational for such claims.
The Gallant Cadres of NDC is of the view Torkornoo must do the needful by apologizing to Ghanaians rather than filing a new case seeking review of the earlier ruling of the Supreme Court . It’s clear from the ruling of the African Court Torkornoo misled and misrepresented facts just to tarnish the image of Ghana internationally that her basic human rights were trampled upon.
The Ecowas Court last week ruled in favour of Ghana and dismissed former Chief Justice Torkonoo’s action on all claims. The Court found that no violations of human rights occurred; and so she was not entitled to her claim for 10 million dollars.
The Court ruled as follows:
1. The Suspension of the Chief Justice did not violate her right to work. The Court rejects Torkonor claim that her suspension was arbitrary and motivated by ill will.
2. Torkonoo was not arbitrarily dismissed. The Court finds that due process was observed.
3. The Chief Justice’s claim that she is also a member of the Supreme Court, Court of Appeal and High Court and should have been removed separately from all these courts absurd. In the Court’s view, her membership of these courts flowed from her position as Chief Justice. And if she was no longer Chief Justice, she could not claim to be a member of all the separate courts.
4. The Court rejects Torkonoo’s claim that her removal was unlawful because the Committee only confided itself to only the first petition and did not go into the second and third petitions. The Court finds that on the whole, the Committed acted prudently in the interest of judicial economy.
5. The Court rejects Torkonoo’s claim that she was treated to undignified treatment, because she was searched, and that her husband and family were excluded from attending the parties; and also that the choice of Adu Lodge, was deliberate because of her uncle. The Court found that the measures taken to secure the proceedings were lawfully and proportionate.
6. The Court rejected the claim that the Committee violated her rights by continuing with the removal proceedings, despite the fact that she had filed an application for provisional measures seeking to suspend the proceedings.
7. The Court holds that Ghana did not violate Torkonoo’s right to receive information about the proceedings. That even though Torkonoo is entitled to receive the full report and record of proceedings, she did not even prove that she had first requested for the full report before proceeding to court.
All truth passes through three stages according to Arthur Schopenhauer who famously observed “First, truth is ridiculed.Second, it is violently opposed.Third, it is accepted as self evident.” Former Chief Justice Gertrude Torkornoo appears to have skipped the third stage. She simply kept filing when the High Court did not agree, there was another courtroom.When the Supreme Court declined relief, there was another application, and when Ghana moved on with a new Chief Justice, there was ECOWAS. Now ECOWAS has spoken too.At some point, litigation stopped looking like a search for justice and started resembling a farewell tour with unlimited encore performances.
The Community Court of Justice of ECOWAS has dismissed Torkornoo’s case. One by one, the legal doors closed – the High Court. the Supreme Court and the ECOWAS Court.
This was never about whether Former Chief Justice Gertrude Torkornoo had the right to go to court. Every citizen does. It was about whether every unfavourable judgment should become a boarding pass to the next courtroom.The Republic cannot function that way.
Article 146 was never written to guarantee permanent office. It was written to guarantee a fair process. There is a difference. Meanwhile, Ghanaians watched procedural gymnastics during Justice Paul Baffoe Bonney’s vetting. Objections multiplied. Predictions of constitutional collapse filled the air. The Minority eventually boycotted the process altogether. Yet the Republic never paused. A new Chief Justice was sworn in, the courts kept sitting, judgments kept coming, and the Constitution quietly ignored the noise. Institutions are built to outlive personalities. The office of Chief Justice is a constitutional trust, not a personal possession
There is dignity in challenging a decision you genuinely believe is wrong.There is also dignity in recognising when the courts have spoken
Comrade Richard E A Sarpong, Father Casford. The PRO, 0208573712
Ohemaa Akosua Borngreat, Deputy PRO, 0243179445
Mr F Kadan, Secretary, 0242276044
