Friday, 25 April

CDM sees suspension of Chief Justice as a constitutional breach

Politics
John Mahama

The Centre for Democratic Movement (CDM) has strongly condemned the suspension of Ghana’s Chief Justice, Justice Gertrude Torkornoo, describing the move as a blatant violation of constitutional procedure and a grave threat to the independence of the judiciary.

In a scathing statement, the group aimed at President John Dramani Mahama’s decision, accusing him of bypassing the legal process outlined under Article 146 of the 1992 Constitution.

“The President’s action constitutes a serious breach of constitutional norms, a direct encroachment on judicial independence, and a dangerous politicisation of the judiciary,” CDM stated.

To reinforce its position, the Centre cited key constitutional provisions and legal precedents, including the landmark case of Frank Agyei-Twum v. Attorney General, arguing that the suspension lacked both legal basis and procedural integrity.

CDM also criticised the exercise of discretionary power under Article 296, noting that no clear or published regulations guided the President’s action—an omission it claims renders the move arbitrary and constitutionally flawed.

The group referenced the case of Ransford France v. Attorney-General to underscore the dangers of unregulated executive discretion.

“This sets a perilous precedent,” the group warned. “It opens the door to unchecked executive overreach and risks severely undermining public confidence in the judiciary and other democratic institutions.”

Calling for immediate corrective action, CDM urged President Mahama to reverse the suspension and restore constitutional order.

It also called on Civil Society Organisations, the Ghana Bar Association, and the media to rise in defense of the rule of law.

“The Constitution must not be weaponised, and the Judiciary must not be punished for upholding its independence,” the group stressed.

 

 

Source: Classfmonline.com/Cecil Mensah