Alliance For Civic Action (A.C.A) Demands Contempt Charges Against Suspended Chief Justice for Undermining Constitutional Process
PRESS STATEMENT
FOR IMMEDIATE RELEASE
Alliance For Civic Action (A.C.A) Demands Contempt Charges Against Suspended Chief Justice for Undermining Constitutional Process
The Alliance for Civic Action (ACA), a non-partisan civil society organization committed to constitutional accountability and the rule of law, is deeply disturbed by the recent public press conference organized by the suspended Chief Justice, Her Ladyship Justice Gertrude Torkornoo, amidst an ongoing investigation into several petitions filed against her in accordance with Article 146 of the 1992 Constitution of Ghana.
Her Ladyship’s public remarks, made during an active constitutional process, not only offend the spirit and letter of the Constitution but also constitute a blatant disregard for established judicial ethics and the sanctity of due process. Her conduct is highly inappropriate and undermines public confidence in the judiciary.
Constitutional and Legal Breaches
- Article 146 of the 1992 Constitution:
This article provides the exclusive mechanism for investigating and, where necessary, removing a sitting Chief Justice.
Once a prima facie case has been established and a suspension enacted, the matter becomes a quasi-judicial process.
Her public commentary violates the confidentiality and impartiality required by the process, and may amount to interference with or prejudice of the ongoing investigation.
- Judicial Code of Conduct (2005) – Rule 3B(7):
Judges are prohibited from commenting on pending or impending judicial or disciplinary matters.
By publicly lamenting and addressing the substance of her suspension, Her Ladyship has clearly breached this code, compromising the appearance of impartiality.
- Contempt of a Quasi-Judicial Body:
The committee set up under Article 146 performs a quasi-judicial function.
Attempting to influence public opinion while proceedings are ongoing is potentially an act of contempt, undermining the authority of the constitutional process.
- Public Office Holders (Declaration of Assets and Disqualification) Act, 1998 (Act 550):
This Act requires high public officials, including the Chief Justice, to conduct themselves in a manner that upholds the dignity of their office.
Using a press platform to defend personal interests amid lawful proceedings may amount to misconduct in public office.
Our Position and Demand
The ACA firmly believes that no one is above the law, including the head of the judiciary. As an organization dedicated to strengthening democratic institutions, we view Her Ladyship’s conduct as a threat to judicial independence and integrity.
We, therefore, call on the appropriate authorities, including the Judicial Council and the Attorney-General’s Department, to:
Investigate the press conference as a possible act of contempt against the Article 146 committee and constitutional procedure.
Initiate necessary disciplinary or legal actions where applicable.
Establish this as a precedent to deter future misconduct by any judicial officer, no matter their rank.
We must protect the rule of law and uphold the integrity of the Constitution at all times.
Issued By:
Francis Kwesi Badu-Mello
Secretary General
Alliance For Civic Action (ACA)
📞 0244819302 | 0244422817
🌐 www.allianceforcivicaction.com
📍Date: Monday, 1st July 2025
