1. According to the A-G’s press release, the Court gave directions to the parties in January 2024.
2. The parties complied and a hearing was listed for May 2024.
3. In May, “the panel for the hearing of the appeal was reconstituted by the Honourable Chief Justice in exercise of her powers under the Constitution, 1992.”
4. The A-G further alleges that “commentary on social media by some persons including, Prof Kweku [sic] Asare, are laden with falsehood and contain an imputation that the composition of the panel for the hearing of the appeal on 8th May, 2024 was unusual, questionable or in violation of the Constitution.”
5. GOGO’s commentary has consistently questioned the power of the CJ to reconstitute panels without cause as she did in May.
5. The A-G’s press release does not deny that there was a reshuffling in May.
6. Where then is the falsehood?
7. The January panel comprised of Justice Mariama Owusu (presiding), Justice Yaw Darko Asare, Justice Yonny Kulendi, Justice George Koomson, and Justice Henry Kwofie.
8. The May panel comprised of CJ Gertrude Sackey Torkornoo (presiding), Justice Mariama Owusu, Justice Henrietta Mensa-Bonsu, Justice Yaw Darko Asare, and Justice Ernest Gaewu.
9. Why did the CJ reshuffle the January panel and remove Kulendi, Kwofie, and Koomson from the May panel? We want an answer!
10. Why did the CJ reshuffle the January panel and put herself, Mensa-Bonsu, and Gaewu on the May panel? We want an answer!
11. Why set a panel to direct the parties in January and then a new panel to hear the case in May?
12. What specific law empowers the CJ to empanel and remove justices of the SC from panels without explanations to the parties? It is not enough for the A-G to indicate that she exercised her powers under the 1992 Constitution. He must indicate the provision of the Constitution that grants the CJ that specific power to reshuffle Court panels without cause.
13. What is the justification for this bifurcated empanelment process?
14. GOGO is not the least bit impressed by the argument that no hearing took place in January and therefore the CJ is free to reshuffle the panel. No law or rule of the SC supports this fanciful theory.
15. In fact, GOGO has treated that argument with contempt and has not addressed it because it is puerile.
16. The panel was duly constituted in January when it gave directions. The issue is why was that panel changed, not whether there was a hearing in January, however one will want to define hearing.
17. Being the head of the judiciary does not give the CJ any power to treat justices and parties capriciously. She can’t send parties for directions from one panel and redirect them to another panel for other processes.
18. She cannot reshuffle justices from cases as if she is a President reshuffling ministers from ministries.
19. On a 5-person panel, the majority is 3. So removing and replacing 3 members of the panel raises profound questions about fairness, justice, and abuse of power.
20. Justice emanates from the people, not from the bosom of the CJ. The people are entitled to explanations for actions that have no basis in law.
#SALL is the cardinal sin of the 8th Parliament
