Lawyer and entrepreneur Victoria Bright says the suspended Chief Justice Gertrude Torkornoo may have knowingly breached constitutional provisions when she addressed the public over her ongoing suspension and the Article 146 proceedings against her.
Speaking on JoyNews’ Newsfile on Saturday, June 28, Ms. Bright argued that while Justice Torkornoo likely understood the legal implications of her public address, she may have chosen to speak out of frustration, fully aware of the potential consequences.
“If she is cited [for contempt], then I guess she would have brought it on herself,” she said. “She’s the Chief Justice, and she understands the law. So she would have weighed the possibility of this happening and decided that, on balance, she preferred to come out and take the risk.”
The suspended Chief Justice held a press briefing on June 25, during which she criticised the secrecy of the committee investigating her and questioned the legality of aspects of the process, describing it as being conducted “in the darkness of Adu Lodge.”
Her remarks have sparked debate over whether she breached the constitutional requirement for such proceedings to be held in camera.
[embedded content]Ms. Bright stated that while it is within the committee’s remit to decide how to interpret and respond to the suspended CJ’s actions, her decision to address the public deviated from the process outlined in the Constitution.
“She went outside the sanctity of the proceedings… and addressed Ghanaians,” Ms Bright noted. “It sounded like she wanted to put her case before the public and have the public act as judge and jury. I’m not really in favour of that.”
She added that although the process under Article 146 is undeniably tough, it is the same for all senior public officials, and Justice Torkornoo should not expect special treatment.
“The ones who have been through it have all had to endure it. So I don’t think there should be special treatment because Her Ladyship is the Chief Justice,” she said.
Touching on the optics of partisanship, Victoria Bright noted that the presence of known New Patriotic Party figures in the suspended CJ’s legal team and the public backing by National Democratic Congress MPs has unfortunately politicised the matter.
“When you weigh the situation on balance, and the comments coming through, I’m not sure she’s gained the sympathy she was hoping for,” she said. “The perception matters—and right now, it’s being framed as NPP versus NDC, and it shouldn’t be.”
She acknowledged Justice Torkornoo’s right to choose her legal team but suggested that the optics surrounding the support she’s receiving may be hurting her case rather than helping it.
“Of course, she wants to have people whom she feels comfortable with, but it actually entrenches some of the views that people hold, rightly or wrongly. I’m not saying that’s wrong or right, but I’m just stating the facts as they are. And so I would wish that the unnecessary or undue politicization of this whole thing is toned down.”
Justice Torkornoo has filed applications in court seeking a declaration that the proceedings against her are unlawful. She has also asked for the hearings to be made public.
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