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CDM Condemns Chief Justice Suspension As Constitutional Breach

Chief Justice Gertrude Araba Esaaba Sackey Torkornoo

 

The Centre for Democratic Movement (CDM) has condemned the suspension of Ghana’s Chief Justice, Justice Gertrude Torkornoo, describing it as a flagrant violation of constitutional procedures and a threat to judicial independence.

The group criticised President John Dramani Mahama’s decision, saying it bypassed due legal processes set out in Article 146 of the 1992 Constitution.

Speaking in a strongly-worded statement, CDM argued that the President’s action “constitutes a serious breach of constitutional norms, a direct encroachment on judicial independence, and a dangerous politicisation of the judiciary.”

The Centre cited relevant constitutional provisions and court precedents, including the case of Frank Agyei-Twum v Attorney General, to back its claims.

CDM further raised concerns over the use of discretionary authority under Article 296, arguing that no published regulations guided the President’s decision.

“Without such guidelines, the use of discretionary power is arbitrary, unregulated, and constitutionally deficient,” the statement said, referencing Ransford France v Attorney-General.

The group also described the development as a “perilous precedent” that could embolden executive overreach and undermine democratic institutions. It warned that unchecked actions of this nature could erode public trust in the judiciary.

In conclusion, CDM called for the immediate reversal of the suspension and urged civil society, the Ghana Bar Association, and the media to defend constitutional governance.

“The Constitution must not be weaponised, and the judiciary must not be punished for its independence,” it stated.

Credit: Ernest K. Arhinful

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