"RE: Have We Reaped The Whirlwind?"

" RE: Have We Reaped The Whirlwind?\u00a0 \r\n\r\n \u2756 We Truly Have a history\u00a0 \r\n\r\n I loved every bit of your piece including your insights into history. The interference by Kwame\u00a0 Nkrumah in dismissing the Chief Justice (CJ) without reason and appointing a replacement\u00a0 perceived to be aimed at overturning a judgement to have his opponents convicted, is\u00a0 undoubtedly a harrowing part of our history.\u00a0\u00a0 \r\n\r\n It reminds me of the perception of President\u2019s Kuffour\u2019s move to appoint Justice Afreh unto the\u00a0 Supreme Court to overturn a ruling in favour of Tsatsu Tsikata in the Fast Track Court\u00a0 constitutionality case. President Kuffour was successful, his perceived hired assassin duly\u00a0 delivered, and the victory Tsatsu thought he had nailed was overturned. Some argue that the\u00a0 CJ\u2019s hands were tied because there weren\u2019t enough justices of the Supreme Court for a review\u00a0 to be considered. But one may ask, did Justice E.K Wiredu (CJ appointed by President Kuffour)\u00a0 have to empanel the court with nine (9) out of the ten judges of the time when he was aware of\u00a0 the possibility of a review process which would require two additional judges? Why did he not\u00a0 empanel the court with seven (7) judges with three (3) to spare for the possibility of a review?\u00a0 \r\n\r\n It was bizarre and fed into public perception that J.A. Kufour was hell bent on incarcerating\u00a0 Tsatsu Tsikata, an ally of his predecessor, JJ Rawlings. Needless to say, there was no love lost\u00a0 between them. Whether true or false, just like Nkrumah, the processes were legal. When\u00a0 one looks back, one can\u2019t help but agree with you that our country truly has a history.\u00a0 \r\n\r\n \u2756 The Answer\u00a0\u00a0 \r\n\r\n I do not seek to be politically correct; I seek to be true to our reality. You asked the question \u201cHave\u00a0 we reaped the whirlwind?\u201d I am sad to answer , \u201cwe have reaped the whirlwind\u201d. And are growing it into a tsunami, tornado and earthquake all-in-one\u201d. I dare say, it will be Covid 2.0. Get ready to stay indoors!\u00a0 \r\n\r\n \u2756 Na Who Cause am?\u00a0 \r\n\r\n You are right when you say that today\u2019s CJ, our Lady Gertrude, is perceived by some elements of\u00a0 yesterday\u2019s opposition as an ally of the NPP. In my opinion, it is a mild representation of the facts.\u00a0 I believe most Ghanaians share in this belief and for which reason it is no wonder that only 13%\u00a0 of Ghanaians absolutely trust our Judiciary (Afrobarometer -2024) with 52% of Ghanaians\u00a0 supporting her removal despite no knowledge of impropriety (Global InfoAnalytics-2025).\u00a0 \r\n\r\n On reflection, I can\u2019t help but admit that she called it onto herself. First, the perception of her\u00a0 incestuous relationship with the Executive was widespread and for which reason she had a need\u00a0 to dispel the perception of biases by the balance of her speak and deeds. Unfortunately, to my utter shock, she raced to feed the perception by her handling of the Afenyo vs the Speaker of\u00a0 Parliament case. She empanelled the court at supersonic speed and Sua Ponte subverted\u00a0 settled legal principles by granting an ex parte application pending the final determination of\u00a0 the case. It is instructive to note that the applicants initially prayed for a ten-day interim order in\u00a0 conformity with standard practice, but the court unilaterally converted same into a stay of\u00a0 execution pending the final determination of the case. It did not help that she led the panel to\u00a0 maintain this position when the Speaker through counsel sought to set same aside. Indeed, it is\u00a0 settled law (I am educated) that an ex parte application cannot be granted pending the final\u00a0 determination of the case. In granting that order, the court was acting contrary to its history and past rulings. To many political observers and constitutional scholars, the CJ had become a\u00a0 political wind vane.\u00a0 \r\n\r\n The good book she so loves to cite tells us in 1 Corinthians 10:23 that all things may be\u00a0 permissible, but not all things are beneficial or constructive. In other words, not all you do as a\u00a0 matter of right may be wise or right.\u00a0 \r\n\r\n What was the value in leading the court to sidestep settled legal procedure and practice\u00a0 and thereby validating and entrenching public perceptions of her unholy alliance with the\u00a0 ruling executive of the time? I see none. If she had kept to the settled conventions, no harm\u00a0 would have accrued to her perceived favoured party, and no one will question the purity of her\u00a0 actions. Did you see the bullying Thaddeus was subjected to in the full glare of the public during\u00a0 the hearing? Did you hear her rant making false claims that the case was the reason for\u00a0 Parliament not being able to sit? I am happy Thaddeus humbly schooled her. She undisputedly\u00a0 and needlessly showed her hand.\u00a0\u00a0 \r\n\r\n You look at her mannerism at the mention of H.E. John Mahama and you wonder, what\u00a0 amount of dislike she has towards him to make such a public display of her\u00a0 condescension? Dislike so deep that an occupant of the office of the CJ cannot keep her\u00a0 composure? Out of respect I shall not attempt to describe that look and cringe. After all, it\u2019s\u00a0 already public. Such disrespect and condescending conduct are intolerable for that high office.\u00a0 For god\u2019s sake what did she expect? Confidence and love from the current government?\u00a0 \r\n\r\n \u2756 Political Agenda?\u00a0 \r\n\r\n Of the eight Chief Justices appointed under the 1992 constitution, the NDC inherited one from\u00a0 the PNDC era and appointed one as a government. Its last appointed CJ, Isaac Abban JSC,\u00a0 retired 3 months into the NPP\u2019s first government of H.E. J.A Kufour. All other six CJs were\u00a0 appointed by the NPP. In this period the NDC won two elections and successfully, worked with\u00a0 these NPP appointed CJs without the drama of promoting any attempt to remove the CJ. I do\u00a0 not hold the opinion that the NDC has a default penchant of ousting CJs they did not appoint.\u00a0 The evidence vindicates them.\u00a0 \r\n\r\n The first politically motivated use of Article 146 to remove officers of our independent\u00a0 constitutional bodies was under the Akufo-Addo government (NPP) in respect of Charlotte Osei.\u00a0 The previous use of Article 146 in the case of Lauretta Lamptey and others before can in no way\u00a0 be said to be politically motivated.\u00a0 \r\n\r\n I was present in various conversations with many NPP bigwigs prior and post the inauguration\u00a0 of Nana Akufo Addo in which many argued that the Electoral Commissioner (EC), Charlotte Osei,\u00a0 had to be removed by hook or crook. The passion and anger were deep. I did agree that some\u00a0 of her posturing as EC was dismissive and left much to be desired but could not justify the\u00a0 desperate need to oust her after delivering an election that gave the NPP its biggest win. In fact,\u00a0 the 2016 election had a public approval of 87% according to the Afrobarometer report. I\u00a0 cautioned that we will be setting a very bad precedence and shattering the holy grail, but as is\u00a0 customary of most of my politician friends, they said, I don\u2019t understand politics. I agree I may not understand politics, but I respect my policy depth. Prior to Charlotte\u2019s removal, many senior party officials of the NPP went after her publicly with denigrating epithets, calling her a harlot\u00a0 and directly insulting her. Needless to say, the political decision had been made and judgment\u00a0 written even before a technical and procedural justification was sought to legitimize it. We\u00a0 reaped the whirlwind then, not now.\u00a0 \r\n\r\n In our Lady Gertrude\u2019s case, we do not need to look far. We have heard open public narratives\u00a0 from NDC officials suggesting that she must be ousted. In similar fashion to the NPP under\u00a0 Akufo-Addo, the political decision seems to have been made. What matters most is whether\u00a0 the process and grounds for her removal will be honest, competent, fair and just. When it\u00a0 is all done, I would ask the question, if any senior public official had done the same acts our Lady\u00a0 Gertrude is accused of, will I find it justified that he\/she be removed? If yes, then irrespective of\u00a0 a prior political decision or not, I will be pleased with the outcome.\u00a0\u00a0 \r\n\r\n The Process\u00a0 \r\n\r\n When a tyre under a vehicle cannot deliver on its purpose of helping the vehicle run smoothly,\u00a0 it must be removed and replaced. The framers of our constitution endeavoured to ensure no\u00a0 arm of government accrues absoluteness to its powers. It is for this reason that the executive in\u00a0 many matters require approval from the legislature and the judiciary adjudicates disputes whilst\u00a0 depending on the executive and legislature for its appointments and budget. Though not\u00a0 perfect, there is no absoluteness.\u00a0\u00a0 \r\n\r\n It is not for nothing that the constitution provided for the removal of the CJ. That office is too\u00a0 sensitive for its occupant to stroll through to retirement age if he\/she is not living up the high\u00a0 responsibility and expectations of the office. People forget that the judiciary is the last arbiter\u00a0 of dispute and that when it loses its moral authority, the natural default is self-help and\u00a0 civil war.\u00a0 \r\n\r\n For such a sensitive role, it goes without saying that those charged with managing the process\u00a0 of removal, carry a huge responsibility which must be discharged with the highest morality and\u00a0 integrity. To me, there is no danger in the engagement of the process of removal, the problem\u00a0 is if the process will be managed with responsibility. If the President chooses to exercise his\u00a0 powers to remove the CJ when there is no cause to, he will be guilty of abuse of office which is\u00a0 grounds to trigger his impeachment. So, he is not free to do as he pleases.\u00a0 \r\n\r\n If the President abuses office, there is a remedy in parliament and if the President abuses his\u00a0 office and parliamentarians choose not to act, then they will be failing the nation, and their\u00a0 constituents should act and remove them from parliament. If the constituents don\u2019t act, then\u00a0 they fail themselves as citizens and renege on their duties as guardians of the constitution . It is\u00a0 a chain in which we all have responsibility .\u00a0 \r\n\r\n Why am I not against the on-going process? There are petitions the contents of which I don\u2019t\u00a0 know. Just like you, we have all heard snippets. Some damning and yet to be proven as true.\u00a0 What if they contain allegations of egregious abuse of office and misconduct that justifies an\u00a0 inquisition and removal? I am not content with shutting down a process because of some fear\u00a0 of politicisation. It is unreasonable to assume that the thirty-one (31) or so 'grey beards' of the\u00a0 council of state are so weak and malleable that for political reasons, established prima facie\u00a0 justification for the inquisition to proceed.\u00a0\u00a0 \r\n\r\n The reality is that the current CJ has not acted to enhance the image, independence and moral\u00a0 authority of the office. Whether it is perception or reality, she is perceived as an NPP ideologue\u00a0 who will do anything for the NPP. No one can deny that even if it is just perception, she has done\u00a0 things to contribute to it and little to undo it. Accountability is one of the duties the\u00a0 constitution imposes on public office holders, let her answer to the matters raised through\u00a0 approved procedure. After all, this is what we all agreed that our society must be ordered by. \r\n \r\n\r\n The Future\u00a0 \r\n\r\n I see a bleak and dark future if we do not revise our constitution. We cannot nurture nationhood\u00a0 by making heads of our independent constitutional bodies coterminous with the tenor of\u00a0 political governments. So, after every change in Government, we change the EC and the CJ?\u00a0 That will be our end . Justice will be determined by our party colouration and our elections\u00a0 will not be trusted. Ghana will go up in flames. Forget it. It is not an option.\u00a0 \r\n\r\n Our problems are rooted in the unmeritocratic and non-consensual nature of appointment and removal. If we (ruling governments, opposition and citizens) could all share in the decision\u00a0 of who becomes CJ, EC or heads of our independent constitutional bodies, we will have less\u00a0 acrimony and find joint ownership of the decisions.\u00a0 \r\n\r\n A Way Forward for Us\u00a0 \r\n \r\n \t Depoliticise the Judiciary\u00a0 \r\n \r\n To entrench the independence of the Judiciary from the Executive, the authority to appoint\u00a0 members of the judiciary from the lower courts to the appeals court must be made the exclusive preserve of the Judicial Council, which should be required to adopt an open and public\u00a0 evaluation process. Nominations to the supreme court, and for the Chief Justice should equally\u00a0 emanate from the Judicial Council but be subject to the approval of two-thirds of the members\u00a0 of Parliament. I believe this will force consensus and make both the majority and minority in\u00a0 parliament co-own confidence in the Judiciary. It will also disincentivize potential political\u00a0 activism from the bench, a situation that erodes confidence in the judiciary and the very core of\u00a0 our values- freedom and justice. I will recommend that the Judicial Council be reconstituted to,\u00a0 in addition to the president\u2019s and institutional nominees, include nominees also from the\u00a0 opposition. The independent and professional institutions must, however, dominate the council\u00a0 and must not be subject to the direct or indirect influence of the Executive. There must be a Fit and Proper criteria for nominees who serve on the Council.\u00a0 \r\n \r\n \t Depoliticise our governance and democratic institutions\u00a0 \r\n \r\n These institutions comprising NCCE, CHRAJ, the National Media Commission and especially the\u00a0 Electoral Commission, among others, are core to the sustenance of our democracy. I\u00a0 recommend a more consensual process that shall have the President still nominate\u00a0 commissioners for the approval of parliament by a two-thirds majority. I also believe our\u00a0 constitution should place a demand on the Presidency to adopt an open and public process\u00a0 requiring a recruitment process that includes interested persons to apply for the respective roles\u00a0 with public interviews. The demand for a two-thirds majority shall significantly ensure a process\u00a0 owned by the key political parties and shall minimise potential partisan activism from aspiring commissioners. These proposals serve as a basis for reshaping removal processes.\u00a0 \r\n\r\n My Closing\u00a0 \r\n\r\n The holy grail is shuttered, and the future is bleak, we cannot continue to do things the same\u00a0 way and expect a better outcome. We need a more consensual, politically inclusive and relatively meritocratic model for appointing and removing our Chief Justices and heads of our independent constitutional bodies. Our best shot is to have a framework that will make an opposition comfortable. For every ruling government will someday become an opposition.\u00a0 \r\n\r\n \r\n\r\n Signed\u00a0 \r\n\r\n Senyo K. Hosi\u00a0 \r\n\r\n Minority Leader of the Muse Arena\u00a0 \r\n\r\n PS: When we fail to be true to our reality, our reality becomes an absurdity. \r\n "

"RE: Have We Reaped The Whirlwind?"

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