Audio By Carbonatix
Head of Chambers at Clinton Consultancy, Amanda Clinton, has asserted that it would be better for suspended Chief Justice Gertrude Torkonoo to avoid public pronouncements and rather focus on her defence to a committee set up to examine petitions for her removal.
Ms Clinton, a private legal practitioner, was responding to the Chief Justice's press conference on Wednesday, June 25, held amidst a critical juncture for Ghana's judiciary.
The Chief Justice recently broke her silence on the matter, expressing concern over alleged constitutional breaches and irregularities in the process being pursued under Article 146 of the Constitution.
Her comments marked her first public engagement since the petition for her removal was initiated.
A five-member committee was formed to probe the allegations, but the process has been marred by controversy.
The suspended Chief Justice has repeatedly challenged the proceedings, including a Supreme Court injunction application to halt the committee’s work, citing violations of her rights.
The apex court, however, rejected the application, issuing a green light to the committee.
Astute legal brains have been sharing their thoughts on the development, and Ms Clinton believes, "Crucially, until the process is complete, no further public statements should be made. Silence, in this case, is not weakness—it is strength. It reflects a commitment to process over personality and ensures that the judiciary is not further dragged into the volatile court of public opinion".
Ms Clinton urged Chief Justice Torkornoo to prioritise the integrity of her esteemed office above personal inclinations.
"At this pivotal moment, the Chief Justice must ask not what is owed to her, but what is owed to the office she occupies," Ms Clinton stated.
She emphasised that the proper institutional mechanisms are the true path to resolution and vindication.
"If the panel proceeds and finds no cause for removal, she will have been vindicated through the appropriate institutional mechanisms. If it finds otherwise, then—however painful—an orderly transition may serve both justice and posterity."
Crucially, Ms Clinton advocated for a complete halt to public commentary from the Chief Justice's office until the formal process concludes.
Ms Clinton further articulated that the very legitimacy of Ghana's judiciary hinges not on the individual infallibility of its officers but on the unwavering integrity of its processes.
"The legitimacy of Ghana’s judiciary depends not on the infallibility of its officers but on the integrity of its processes," she stressed.
"While Chief Justice Torkornoo may feel justifiably aggrieved, her highest obligation now is to the institution she swore to protect," Ms Clinton concluded.
She underscored that by respecting the ongoing process, withholding further public comment, and allowing the panel to complete its work, the Chief Justice would not only protect her own legacy but also that of the entire judiciary.
The nation, Ms Clinton observed, is keenly watching both the individual holding the office and the office itself.
"History will judge the balance she strikes between justice for self and justice for state."
On the implications for the Office of the Chief Justice, she was of the view that the latest development "may be a watershed moment for the role of Chief Justice in Ghana. If political cycles increasingly determine judicial tenure, then future holders of the office may be seen less as custodians of justice and more as political extensions of the party in power. To avoid such a fate, the next appointee—whether temporary or permanent—must be demonstrably independent, non-partisan, and committed to institutional neutrality. If not, Ghana risks the erosion of one of its last-standing pillars of democratic accountability".
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