Former Speaker of Parliament, Professor Aaron Mike Oquaye, has called for the live broadcasting of the proceedings of the five-member committee investigating three petitions seeking the removal of Chief Justice Gertrude Torkornoo.
While acknowledging that Article 146(8) of the 1992 Constitution stipulates that such hearings should be conducted in private, Prof. Oquaye emphasized that the issues surrounding Chief Justice Torkornoo have already entered the public sphere and sparked significant interest among citizens.
He argued that it would be wise to allow the proceedings to be aired live to promote transparency. “Justice emanates from the people,” he stated. “If justice belongs to the people, how can they be excluded from understanding what is happening? The process is theirs,” he remarked during a television interview with Joy News on Thursday.
The political scientist and legal expert expressed concern that conducting the hearings in private, given the current political implications, could erode public trust in Ghana’s judiciary. He compared a secret hearing to hiring a laborer who refuses to allow the farm owner to inspect the work done. “Would that be reasonable?” he questioned. “Justice must not only be done—it must be seen to be done.”
Prof. Oquaye challenged the rationale that confidentiality is necessary to uphold the dignity of high office. “The Chief Justice has already been publicly identified. The matter is out in the open. So what exactly are we trying to protect?” he asked. He maintained that the accused should have the right to a public hearing.
“Why shouldn’t she be able to say, ‘Let the people of Ghana hear my case’?” he inquired. To support his argument against in-camera proceedings, Prof. Oquaye drew on both legal principles and historical context. He referenced the British Magna Carta and Ghana’s history of secretive tribunals that deprived individuals of the opportunity to confront their accusers.
“We all know the history of this country,” he remarked. “People were blindfolded and taken into dark rooms. That was the past. We must not repeat it,” he asserted.
He urged for a Supreme Court ruling to clarify the constitutional conflict between Article 146(8), which mandates private hearings, and Article 19, which guarantees the right to a fair and public trial. Prof. Oquaye also highlighted historical instances where judges and lawyers faced backlash for unpopular decisions, cautioning against systems that facilitate politically motivated justice.
When asked if he would personally attend a secret committee hearing if he were in Chief Justice Torkornoo’s position, Prof. Oquaye responded firmly: “No. I would not appear. You put me in a room, come out, and pronounce judgment? I don’t trust that.”
He reiterated that his concerns are rooted in constitutional principles rather than political motivations, urging Ghanaians to safeguard the integrity of the nation’s judicial system. “This is the first time a sitting Chief Justice has been taken to court. Let’s do it right. Let the process be open. Let the people see justice in action.”
Background on the Petitions
The call for transparency comes after a prima facie case was established in three petitions alleging misbehavior and misconduct by Chief Justice Torkornoo. In response, President John Dramani Mahama has suspended her and appointed a five-member inquiry committee in accordance with Article 146(6) of the Constitution.
