JM, touch not the anointed – Occasional Kwatriot Kwesi Yankah writes
n a satirical yet sobering critique, this piece argues that Chief Justice Torkornoo's removal not only threatens judicial independence but also marks a troubling setback for gender equity and democratic progress
This is the time of year true friends check on each other and find out their “how far”, as they say.
Completely absent-minded, I called my nephew Eric and said I was on my way to his office, only to be told, “I am no longer at the Ministries. I have been Reset, and currently at home.”
The word Reset, originally well-intended, has acquired such a bad odour that people take to their heels hearing reset drums in the neighbourhood.
While scanning various cases countrywide, I came across the biggest reset this Labour week: the nation’s Chief Justice who should normally be settling labour disputes, has herself been reset to idle at a Departure Lounge. Schoolchildren have been told Justice Gertrude is only under suspension.
Among adults, it is known she is at the Departure Lounge. A successor has already been named, nicknamed as “Acting”. But he was last seen dancing in church and thanking the good Lord for kind mercies.
For those who knew the youthful days of His Lordship Baffoe-Bonnie, his recent ‘dance moves’ betray his past as an Okpo mate of Mensah Sarbah Hall.
For security reasons, however, let me say the good old Justice was well behaved in his student days. Our worry being that if appointed, his date of birth entitles him to only a one-and-a-half-year tenure as Chief Justice, and those ready with welcome greetings should be prepared to add, ‘Farewell, brand new Chief Justice.’
It is notable, however, that Getty’s suspension and planned sendoff have brought several concerned groups to their feet, looking desperately for any grave sins she committed. For once a public opinion poll hurriedly concocted by a mercenary pollster reports a 70% public approval of Her Lordship’s dismissal.
That was perhaps inspired by an imaginary mandate in the Constitution, such as “The Chief Justice shall be removed by a swift opinion poll across the nation”; clearly an irrational attempt to trivialise the fourth highest position in the Land.
Unpersuaded, civil society groups are up in arms this week to save the neck of Justice Gertrude Torkonoo and preserve the dignity of the judiciary: the almighty Trade Union Congress, the Minority in Parliament, the Ghana Bar Association, and others. These are flying protest flags ready to hit the streets to avert a national disgrace. Together with one dissenting voice on the Council of State, the clarion call is ‘JM, Touch not the Anointed.’
The reasons are not hard to find. Justice Gertrude is on record as Ghana’s third Female CJ since independence. Should the axe fall, she would be the first dismissed CJ since 1963, when Nkrumah booted out His Lordship Justice Ako Korsah for acquitting suspects in a major murder trial.
The Second and Third Republics saw no such dismissal, and here comes this setback as Ghana’s democracy deepens and the 4th Republic hits the 33rd milestone.
The planned ousting amounts to terrorism on womanhood, the vulnerable, the judiciary, and a stain on that vision that has gifted Ghana the first female Vice President.
Since independence in 1957, Ghana has produced only 12 females out of a total of 89 justices of the Supreme Court, a dismal 13.5% female participation; and here comes this fresh wound meant to humiliate a 62-year-old Chief Justice and mother.
My own lay experience of a judicial disaster that would have triggered a dismissal was in 1995: the historic drama of the appointment of Justice I. K. Abban as Chief Justice. The renowned Abban, earlier reputed as a stubborn Electoral Commissioner, received a baptism of fire when, as CJ, he erroneously jailed a newspaper columnist, inserting a new page in his judgement to balance the equation.
The GBA was up in arms challenging Abban’s appointment due to a proven lack of integrity. Happily, my ubiquitous pen chronicled the event those days. Listen to my right hand, February 1995.
“At the time of departure, the Ghana Bar Association were feverishly looking for red bands with which to bury Justice Abban as Chief Justice.
They were going on a sympathy strike in support of the jailed columnist, Mensa Bonsu, and to boycott the courts. If Abban is watching, he must have realised that he has mounted a throne which may turn out to be more problematic than the Veep’s. The real drama, however, will start if the GBA decides to take the Chief Justice to court.’
Yes, the GBA took the matter to court but failed to have the CJ removed.
The current attempt based on more trivial allegations should fall on deaf ears if Ghana seeks a respectable judiciary. Our President Mahama currently treads on slippery grounds and will not be spared by posterity should he opt to humiliate womanhood to consolidate power.
There is every good reason guidelines in the formation of public committees are carefully worded. The golden clause, ‘at least one of whom must be a woman”, is not a mere cliché. But Justice Torkonoo, an astute Judge with formidable credentials, is not simply “one of whom”.
Listening to a public lecture she gave at a Central University event last year was a breath of fresh air. As a child of a teacher, she experienced elementary education on various turfs: Tema, Suhum, Winneba, and Ajumako, and being a whiz kid, skipped P5. To seal it all, Gertrude attended Motown.
Ask the sages how many homes ever survived that flippantly sold off the Mother Hen.
Hands off, Gertrude.
JM, Touch not the Anointed!
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