THE IRONY AND SUSPENSE IN THE SUSPENSION AND REMOVAL OF GHANA’S CHIEF JUSTICE

THE IRONY AND SUSPENSE IN THE SUSPENSION AND REMOVAL OF GHANA’S CHIEF JUSTICE

‘I know your deeds, that you are neither cold (invigorating, refreshing) nor hot (healing, therapeutic); I wish that you were cold or hot. So because you are lukewarm (spiritually useless), and neither hot nor cold, I vomit you out of my mouth [rejecting you with disgust]’ – Revelation 3:15-16 (AMP).

Ghana is a country of many ironies and suspense. Some of the country’s political leaders are swift to execute matters that serve their interests. They, however, drag their feet when it comes to national issues that would serve Ghana’s interests. The country’s major political parties often criticise the shortcomings of some state institutions when they are in opposition, but only turn around to praise every action and inaction of these institutions when they are in government.  Besides, a governing party usually does the very thing it used to criticise when in opposition. A number of leaders in Ghana preach virtues but tend to practise vices. Furthermore, the perspectives of some leaders and citizens on national issues are always coloured and dictated by their political affiliations. Objectivity and fair-mindedness are often thrown into the political trash cans.

The recent suspension and removal of Ghana’s former Chief Justice are filled with irony and suspense. We are told that three Ghanaians filed different petitions for her removal from office. According to the Presidency, these petitions were referred to the former Chief Justice for her responses, which she gave. Not too long after her responses, we are informed that portions of the petitions were already in the public domain. Then we heard the petitions had been referred to the Council of State and that a prima facie case had been established. Then came the announcement of her suspension and the setting up of a five-member committee to probe the petitions.

More ironies and suspense unfolded during the period spanning between her suspension and removal from office. First, the political debates and conspiracy theories became intense.  While one side of the political divide joyfully welcomed her suspension and probe, the other side of the political divide decorated the then embattled Chief Justice as a perfect saint who should be immune from suspension and constitutional inquiry. To some, touching the former Chief Justice meant touching the independence of the judiciary. For others, no constitutional infractions had occurred in connection with the suspension and removal of the Honourable Chief Justice. Others believe that safeguarding the independence of the judiciary does not mean shielding judges from accountability or condoning judicial impunity. 

The second irony and suspense relate to comments from the legal fraternity in and outside Ghana. The Ghana Bar Association (GBA) initially called on all the parties involved in the process to act in accordance with the law. Not too long afterwards, GBA began to question the suspension and the removal processes of the embattled Chief Justice. The GBA, however, chose to make its legal arguments outside the courtroom; hence, it ended up becoming a toothless bulldog. Then, in the midst of national mourning, the Bar Council of England and Wales and the Commonwealth Lawyers launched their criticisms and directives, which required the President of Ghana to revoke the suspension of the erstwhile Chief Justice and uphold the independence of the judiciary. The Presidency, as usual, pushed back through its Attorney-General and Minister for Justice. Ultimately, the UK Bar Council’s criticisms and directives remained opinions with no binding force.

The third irony and suspense relate to the legal battles. Two citizens rushed to the Supreme Court for an injunction and other reliefs, the effect of which would have halted the suspension and removal of the former Chief Justice. The apex court dismissed their initial applications. Then the Honourable Chief Justice herself went to the apex court to challenge her removal process. Her colleagues at the court disagreed with her views and threw out her application. The next thing we saw the Honourable Chief Justice doing was addressing the nation through the media. She made all kinds of allegations, yet she appeared not to have courted the sympathy of Ghanaians. Subsequently, she went to the High Court to assert her fundamental human rights, but the High Court dismissed her application. We later heard that the Honourable Chief Justice has gone to the ECOWAS court. At this stage, we did not hear her voice in the media again. She also submitted herself to the constitutional inquiry and exerted all efforts to establish her innocence and contest the claims of her accusers.

On 1 September 2025, the President of Ghana, acting on the committee's recommendation regarding one of the petitions, removed the Chief Justice from office. The announcement of her removal has once again reignited legal and political debates about the fairness of the constitutional inquiry and the independence of Ghana’s judiciary. Amidst these debates, we are informed that parts of the committee’s hearing have been leaked to the media.

The following rhetorical questions mimic some of the real ironies and suspense in the suspension and removal of the Honourable Chief Justice:

1. Why was the Chief Justice suspended?

2. Was her suspension a necessary step for political advantage or for the proper functioning of the judiciary?

3. Will the current Council of State establish a prima facie case if a petition bordering on allegations of misconduct, incompetence and inability is brought against the Acting Chief Justice or a future Chief Justice?

4. Will the President suspend the Acting Chief Justice or the next Chief Justice if petitions are filed for that person’s removal from office?

5. What did the former Chief Justice seek to achieve through her media addresses pending her suspension? Why did she later submit herself to the very committee she aimed to oppose?

6. Why did the GBA and the UK Bar Council choose to undertake their legal arguments outside the courtroom if the independence of the judiciary was really under threat? 

7. Why has Ghana failed to formulate specific procedures to police Article 146 of the 1992 Constitution for over three decades, leaving this sensitive matter in the hands of a few decided cases and political debates?

8. In what ways is the independence of the judiciary adversely affected if the constitutional processes under Article 146 of the 1992 Constitution are triggered?

9. Why should the report of the five-member committee, which recommended the removal of the Chief Justice, remain secret after the committee has completed part of its work?

10. Why did the committee submit its report on one of the petitions to the President for his action while the other two petitions are still pending?

11. Is the committee being sincere in assuring Ghanaians that the report on the other two petitions will be submitted to the President at a future date?

12. What caused parts of the petitions and the committee’s hearing to be leaked in the media?

13. Were the Honourable Chief Justice and her lawyers made aware that the committee would submit its report to the President for his action after hearing only one of the three petitions?

14. What accounted for the dead silence on the part of Civil Societies, Religious Groups, Opinion Leaders and other Stakeholders concerning the suspension and the removal process of the Chief Justice? 

15. Is the suspension and removal of the former Chief Justice a victory for democracy or a victory for some disgruntled political leaders who might have sought political revenge? 

16. Is the suspension and subsequent removal of the former Chief Justice a feather in Ghana’s cap for probity and accountability or a dent in President Mahama’s administration?

17. What happens if the ECOWAS Court denounces the suspension and removal of the Chief Justice?

18. Why are some political leaders threatening the removal of a future Chief Justice and other judges in the Supreme Court because of the removal of the Chief Justice?

19. Will the GBA, UK Bar Council, and other dissatisfied political leaders or individuals now pursue legal action to contest the constitutionality and legality of the suspension and removal of the Chief Justice?

20. Given that the President responded promptly to the report submitted by the five-member committee within hours, will he similarly act with urgency and decisiveness to tackle other sensitive national concerns, such as the illegal mining problem in Ghana?

Ghana is gradually descending into a state of political anarchy. Partisan politics take centre stage in national issues and governmental decisions. It has become a haven for unjust enrichment, political influence, political idiocy, and a shield from accountability. Winning and retaining political power is the driving force behind several governmental decisions. Political parties in the country have reduced democracy to a mere election process, political power and a moneymaking venture. Accountability, transparency, honesty, sustainable growth and development are often sacrificed for the sake of political power. Any agenda to reset Ghana should be driven by fairness, honesty, accountability, transparency, posterity and generational thinking. The rule of law should be upheld as a national principle in all matters, regardless of its impact on a political party, a political leader, any official, or the citizenry. The agenda to reset and transform Ghana should be a national one, devoid of partisan politics and deceit. 

Richard Obeng Mensah, author of Wisdom Thoughts. The writer is an award-winning, prolific author of nine books and over 250 articles and op-eds on legal and non-legal themes. The writer is a Fellow of the Brew-Hammond Energy Centre at KNUST, Kumasi, Ghana. He is a pastor, lawyer, law lecturer, certified life and leadership coach, and a blogger. The writer is also a Chevening Scholar and a scholar of the ALI-incubator.

Email: richardobengmensah@gmail.com 

Mobile: +233 (0)246 556 774. 

Blog: https://richard-obeng-mensah.blogspot.com/?m=1 

Google Scholar link: https://scholar.google.com/citations?user=zh3DbrkAAAAJ&hl=en 

Publication History: Authored on 04/09/2025 and published on the author’s blog on 09/09/2025.  

Acknowledgement: The writer appreciates the critiques and valuable comments of his Editorial Team on this write-up. He, however, holds the sole responsibility for the content of this write-up.  

References: 

1. Felix Kwakye Ofosu, ‘President Mahama suspends Chief Justice after setting up committee to probe petitions’ [Presidency Communications] >www.presidency.gov.gh< Accessed 22 April 2025.

2. Kenneth Awotwe Darko, ‘Mahama suspends Chief Justice after setting up committee to probe petitions’ >https://www.myjoyonline.com/mahama-suspends-chief-justice/< Accessed on 22 April 2025.

3. Efua Ghartey and Kwaku Gyau Baffour, ‘Ghana Bar Association’s Statement on the Process for the Removal from Office of the Chief Justice of the Republic of Ghana’ [Ghana Bar Association, 24 April 2025].

4. Efua Ghartey and Kwaku Gyau Baffour, ‘Resolution of the Ghana Bar Association Passed at its 2025 Midyear Conference Held at the Labadi Beach Hotel, La, Accra, on Saturday, 26th April 2025’ [Ghana Bar Association, 26 April 2025].

5. AdomOnline, ‘‘The law is not in the bosom of the Bar’ – Thaddeus Sory Unleashes legal fire on GBA” > https://www.adomonline.com/the-law-is-not-in-the-bosom-of-the-bar-thaddeus-sory-unleashes-legal-fire-on-gba/< Accessed 30 April 2025.

6. Edzorna Francis Mensah, ‘Removal of CJ: Mahama Ayariga explains Article 146 (10) in Support’ > https://fmnewsonline.com/news/removal-of-cj-mahama-ayariga-explains-article-146-10-in-support/< Accessed 30 April 2025.

7. GhanaWeb, ’47 out of over 5,000 GBA members passed resolution for revocation of CJ’s suspension-Reports’ > https://fmnewsonline.com/news/removal-of-cj-mahama-ayariga-explains-article-146-10-in-support/< Accessed 30 April 2025.

8. GhanaWeb, “‘NPP government will dismiss all seven nominated Supreme Court judges’ – Dennis Aboagye” > https://mobile.ghanaweb.com/GhanaHomePage/politics/NPP-government-will-dismiss-all-seven-nominated-Supreme-Court-judges-Dennis-Miracles-Aboagye-1982103#< Accessed 1 May 2025.

9. GhanaWeb, ‘Supreme Court throws out application for reinstatement of CJ Torkornoo’ > https://www.ghanaweb.com/GhanaHomePage/NewsArchive/BREAKING-Supreme-Court-throws-out-application-for-reinstatement-of-CJ-Torkornoo-1982756< Accessed 3 May 2025.

10. GhanaWeb, ‘Supreme Court dismisses suit seeking reversal of Torkornoo’s suspension in 4-1 verdict’ > https://www.ghanaweb.com/GhanaHomePage/NewsArchive/BREAKING-Supreme-Court-dismisses-suit-seeking-reversal-of-Torkornoo-s-suspension-in-4-1-verdict-1984813< Accessed 21 May 2025.

11. GhanaWeb, ‘Prof Azar breaks down CJ Torkornoo’s case in her suit challenging her removal’ > https://share.google/csYR08sIDWZl9vxl0< Accessed 22 May 2025.

12. GhanaWeb, ‘BREAKING: Supreme Court dismisses Torkornoo’s injunction application in 5-0 ruling’ >https://mobile.ghanaweb.com/GhanaHomePage/NewsArchive/BREAKING-Supreme-Court-dismisses-Torkornoo-s-injunction-application-in-5-0-ruling-1985731#< Accessed 28 May 2025.

13. Centre for Citizenship Constitutional Electoral System LBG (CenCES) v The Attorney-General & 2 Others [Suit No. WRIT No. J1/20/2025] Supreme Court. Ruling delivered on 21st May 2025. 

14. Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo v The Attorney-General & 5 Others [Civil Suit No. J8/113/2025] Supreme Court. Ruling delivered on 28th May 2025.

15. MyjoyOnline, ‘High Court throws out Chief Justice Torkornoo’s judicial review bid’ > MyJoyOnline https://www.myjoyonline.com/high-court-throws-out-chief-justice-torkornoos-judicial-review-bid/< Accessed 31 July 2025.

16. Law Platform, ‘High Court dismisses Judicial Review Application of Justice Torkornoo against Justice Pwamang C’ttee’ > https://www.thelawplatform.online/post/high-court-quashes-judicial-review-application-of-justice-torkornoo-against-justice-pwamang-cttee < Accessed 31 July 2025.

17. Commonwealth Lawyers Association, ‘Statement/The Bar Council of England and Wales and Commonwealth Lawyers Association Statement on the Suspension of the Chief Justice of Ghana’ > https://share.google?link=https://www.commonwealthlawyers.com/statement/the-bar-council-of-england-and-wales-and-the-commonwealth-lawyers-association-statement-on-the-suspension-of-the-chief-justice-of-ghana/&utm_source=igadl,igatpdl,sh/x/gs/m2/5&utm_campaign=share-sdl-iga-3p,17656257< Accessed 15 August 2025.

18. MyJoyOnline, ‘AG rejects demands by Bar Council, Commonwealth lawyers to reinstate suspended CJ Torkonoo’ > MyJoyOnline https://www.myjoyonline.com/ag-rejects-demands-by-bar-council-commonwealth-lawyers-to-reinstate-suspended-cj-torkonoo/ < Accessed 15 August 2025.

19. GhanaWeb, ‘We welcome dialogue but respect our constitutional independence – Kwaku Azar to UK Bar Council, Others’ > https://share.google/P9RLUXJEYP685qqeg< Accessed 16 August 2025.

20. Jonathan Ofori, ‘Sophia Akuffo, Anin Yeboah, Dotse rally behind Chief Justice Torkornoo at Article 146 hearings’ > Source: Asaase Radio https://share.google?link=https://asaaseradio.com/sophia-akuffo-anin-yeboah-dotse-rally-behind-chief-justice-torkornoo-at-article-146-hearings/&utm_source=igadl,igatpdl,sh/x/gs/m2/5&utm_campaign=share-sdl-iga-3p< 25 August 2025.

21. Felix Kwakye Ofosu, ‘President Mahama removes Chief Justice Gertrude Araba Esaaba Sackey Torkonoo from office’ [Presidency Communications] >www.presidency.gov.gh< Accessed 1 September 2025.

22. MyJoyOnline, ‘First Petition Against Chief Justice: 25 witnesses, 10,000 pages of exhibits reviewed’ > https://www.myjoyonline.com/first-petition-against-chief-justice-25-witnesses-10000-pages-of-exhibits-reviewed/ < Acceded 1 September 2025.

23. David Apinga, “Next Chief Justice could be removed with ‘flimsy petition’ – Former Dep. AG. Warns” > https://www.myjoyonline.com/next-chief-justice-could-be-removed-with-flimsy-petition-former-dep-ag-warns/ < Accessed 2 September 2025.

24. Thomas Naadi, ‘Ghana chief justice sacked over allegations of misuse of public funds’ > https://www.bbc.com/news/articles/czxyxe55yjdo< Accessed 2 September 2025.

25. Callistus Mahama, ‘Notification of Removal from Office – Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, Chief Justice of the Republic of Ghana’ [Office of the President, 1 September 2025].

26. GhanaWeb, “The ‘sins’ of sacked Chief Justice Torkornoo’ >https://www.ghanaweb.com/GhanaHomePage/NewsArchive/The-sins-of-sacked-Chief-Justice-Torkornoo-1998881< Accessed 2 September 2025.

27. Elizabeth Ohene, ‘Removing a Chief Justice; Removing Our Chief Justice’ [Unpublished]. Accessed on WhatsApp on 3 September 2025.

28. GhanaWeb, ‘Entire Supreme Court justices will be sacked in 2029 – Former MP’ > https://www.ghanaweb.com/GhanaHomePage/NewsArchive/Entire-Supreme-Court-justices-will-be-sacked-in-2029-Former-MP-1999162< Accessed 4 September 2025.

29. Leticia Osei, “Removal of Chief Justice ‘well orchestrated and well executed’” [CNR 1 September 2025]> https://citinewsroom.com/2025/09/removal-of-chief-justice-well-orchestrated-and-well-executed-kpemka/ < Accessed 4 September 2025.

30. Enoch Darfah Frimpong, ‘This is why Justice Gertrude Torkornoo has been removed as Chief Justice and Justice on Supreme Court bench’ > [ Graphic Online 1 September 2025] https://share.google/qWKOTmutgDdXFgsEx < Accessed 7 September 2025.

31. Michael Asiedu, ‘Ghana’s Historic Chief Justice Suspension Reveals Judicial Fragility’ [Democracy in Africa 2025] > https://share.google/qWKOTmutgDdXFgsEx < Accessed 7 August 2025.

32. GhanaWeb, ‘Thaddeus Sory weighs in on Mahama’s dismissal on Chief Justice Torkornoo’ > Source: GhanaWeb https://share.google/uKzO7WErU3V3Mt2iw< Accessed 8 September 2025.

THE INITIAL FAILINGS OF GHANA’S NEW ATTORNEY-GENERAL?

            THE INITIAL FAILINGS OF GHANA’S NEW ATTORNEY-GENERAL?

‘I know of no safe depository of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them but to inform their discretion'- Thomas Jefferson.

‘Everything is permissible (allowable and lawful) for me; but not all things are helpful (good

for me to do, expedient and profitable when considered with other things). Everything is

lawful for me, but I will not become the slave of everything or be brought under its power’– 1 Corinthians 6:12 (AMP).

Dr. Basabasa: Good to see Prof. Nkwantabisa and Opanin Wisdom. I have a lot on my mind to discuss  with both of you. President Mahama has now appointed 26 Ministers of State and 16 Regional Ministers, making it a total of 42 ministers. A number of deputy ministerial positions are yet to be approved by Parliament. Prof., what is your initial assessment of these ministers?

Professor Nkwantabisa: I am still reading the profiles and visions of some of the appointees. I have also been observing the initial utterances and actions of some of them since they assumed office. Generally, I think the ministers for Finance, Education, and Energy and Green Transition should bear in mind that significant number of Ghanaians are already aware of the challenges bedevilling their ministries hence there is no need crying over spilt milk. Ghanaians are more interested in pragmatic measures geared towards alleviating their plight. This is not the time for lamentations, political jabs and sensationalism.

Dr. Basabasa: Prof., what about the new Attorney-General & Minister of Justice (Hon. Dominic Akuritinga Ayine)? I am very interested in your initial assessment of him.

Professor Nkwantabisa: Yes, I have read and heard a number of statements from him. Key among his statements border on Operation Recover All-Loot (ORAL), operationalisation of the Tribunal system in the judiciary, and a number of nolle prosequi he has filed and defended. So far, I am not impressed.

Opanin Wisdom: What is nolle prosequi Prof?

Professor Nkwantabisa: It simply means a decision by the prosecution to abandon, discontinue or withdraw a criminal case. It is an unwillingness to further pursue a case against an accused person. When the prosecution or a state attorney files a nolle prosequi it means the state is no longer pursuing criminal charges proffered against an accused person. Consequently, the relevant court will usually discharge the accused person.

Dr. Basabasa: I would be grateful if both of you could share your thoughts on the nolle prosequi filed by Dr. Dominic Ayine in a number of public interest cases including that of the Cocobod, Saglemi Housing Project, Bank of Ghana, and Dr. Cassiel Ato Forson (the new Finance Minister). It seems to me that the beneficiaries of these discontinuance or withdrawals are politically exposed persons or persons affiliated to the National Democratic Congress.

Professor Nkwantabisa: Dr., the Attorney-General is legally empowered to file nolle prosequi in any criminal case. He is not bound in law to outline reasons for his decision. It is a discretionally power, the exercise of it must align with the principles of probity and  accountability, justice and transparency. While Dr. Dominic Ayine may be commended for explaining and justifying the basis of his decision, I think the whole exercise is not necessary. It is also not a priority. The optics do not look good on President Mahama’s government.

Dr. Basabasa: Exactly Prof! Why the rush? Are these withdrawals the most important decisions to be made by the new Attorney-General? What happened to all the miscreants who went their way fomenting troubles, attacking officials and other members of the public, and looting national resources during and after the 2024 General Elections? Ghanaians would have been happier if the new Attorney-General briefed them about the steps his office has taken concerning these criminal activities. Is it the case that the new Attorney-General is not interested in prosecuting these miscreants?

Opanin Wisdom: I am not convinced with the explanations offered by the new Attorney-General. He, for instance, claims that the trial of Dr. Cassiel Ato Forson was politically motivated and that there was no basis to continue with the prosecution. My humble response is that for the sake of good faith, good conscience and credibility; the minister ought to have tread more cautiously. Hon. Ato Forson and his lawyer have the right to file submission of no case for the court to determine whether there is a legal basis for his prosecution. Why did the minister only discontinue cases involving political figures and members of the National Democratic Congress? Are they the only pending criminal cases in Ghana?

Dr. Basabasa: The new Attorney-General also claims that good conscience could not permit him to continue with the prosecution of those cases. My response is that he needs not prosecute those cases personally and that the cases could have been assigned to other fair-minded prosecutors. Will the new Attorney-General have the moral backbone and good conscience to prosecute any appointee of Ex-President Akufo-Addo’s administration or any member of the New Patriotic Party? If yes, will he file nolle prosequi in any of those cases if they are described by his opponents as politically motivated and witch-hunt?

Opanin Wisdom: I think this issue has ignited a dispassionate call to look into prosecution of politically exposed persons by the Attorney-General and Minister of Justice. The state of affairs leaves rooms for abuse of discretionary powers. The ongoing constitutional review processes should nip the matter in the bud.

Professor Nkwantabisa: The good news is that crime has no expiry date and truth never gets rotten. I am sure these cases may resurrect in future when there is a change in administration. Until then the ugly image of the discontinuance of these cases will form part of the things that will leave negative scars on President Mahama’s second administration.

Richard Obeng Mensah, author of Daily Wisdom. The writer is an award-winning prolific author of 9 books, and over 250 articles and op-eds on legal and non-legal themes. The writer is a Fellow of the Brew-Hammond Energy Centre, KNUST, Kumasi-Ghana. He is a pastor, lawyer, law lecturer, certified life and leadership coach, and a blogger. The writer is also a Chevening Scholar and a scholar of ALI-incubator.

Email: richardobengmensah@gmail.com

Mobile: +233 (0)246 556 774.

Blog: https://richard-obeng-mensah.blogspot.com/?m=1

Google scholar link: https://scholar.google.com/citations?user=zh3DbrkAAAAJ&hl=en

Publication History: 

Authored on 03-05/03/2025 and published on the author’s blog and Myjoyonline.com on 05/03/2025.

Acknowledgement: 

The writer appreciates the critiques and valuable comments of his Editorial Team to this writeup. He however holds the sole responsibility for the content of this write-up.

References:

1. MyNewsGh.com, ‘Maximum respect! -Samson Lardy commends AG for explaining case

withdrawals’ [GhanaWeb, 13 February 2025] >

https://mobile.ghanaweb.com/GhanaHomePage/NewsArchive/Maximum-respect-

Anyenini-commends-AG-for-explaining-case-withdrawals-1971295# < Accessed 4

March 2025.

2. GNA, ‘Attorney-General defends decision to discontinue Ato Forson’s trial’ [GhanaWeb,

13 February 2025] >

https://mobile.ghanaweb.com/GhanaHomePage/NewsArchive/Attorney-General-defends-

decision-to-discontinue-Ato-Forson-s-trial-1971298# < Accessed 4 March 2025.

3. Judy Assisted Research, ‘Nolle prosequi’ >www.judy.legal/case/republic-v-adu-

kwabena-b13fa< Accessed 4 March 2025.

CRITIQUES OF PRESIDENT MAHAMA’S OPERATION-RECOVER-ALL-LOOT

CRITIQUES OF PRESIDENT MAHAMA’S OPERATION-RECOVER-ALL-LOOT

‘Integrity, respect, compassion, and fairness become obstacles to people who think winning is everything’ – Michael Josephson.

‘To be persuasive we must be believable; to be believable we must be credible; credible we must be truthful’ – Edward R. Murrow.

Professor Nkwantabisa: Good day Mr. Abroenye. I thought you have returned to the States.

Mr. Abroenye: Good day Prof. I will go back soon. It is good to see you. I had in mind contacting you to hear your views on whether President Mahama’s actions and decisions so far give some assurance of hope and seriousness.

Professor Nkwantabisa: I admire you for the fact that though you are not a partisan politician you are always concern of the governance and welfare of Ghana. Your concern is a thoughtful one because one can discern the seriousness or otherwise of a person by observing that person’s initial actions and decisions. I will say it is too early to give a verdict on President Mahama’s initial actions and decisions. Nonetheless, he appears to be fairly serious judging from some of his initial actions and appointments. His inaugural speech was, for instance, spiced with maturity and hope.

Dr. Basabasa: Are you really sure Prof? I do not agree with you. I am wondering whether you have, for instance, seen or read his press release on the Operation-Recover-All-Loot (ORAL) Committee?

Professor Nkwantabisa: Yes, I have. ORAL is Mahama’s anti-corruption agenda which seeks to make corruption costly and severely punish perpetrators of corruption. It also seeks to recover looted funds and assets for national development. Accountability and the fight against corruption is one of the main focus areas of Mahama’s new presidency.

Opanin Wisdom:  Dr. Basabasa, why are you laughing at Prof?

Dr. Basabasa: I am laughing because Prof. seems to be oblivious of the fact that many leaders in Ghana are good at talking or putting documents together or setting-up committees but the effective implementation of such documents or execution of the mandate of such committees eventually becomes a mirage. A closer study of the political history of this nation will reveal that ORAL is just another political package to excite many Ghanaians but will most likely deliver little or no results. Do you remember what Ex-President Akufo-Addo said during his inaugural speech? Was he able to protect the public purse and severely deal with the perceived corrupt officials who treated public office as money-making machines? You see he gave Ghanaians so much hope but his tenure ended on a note of total disappointment. His last State of Nation Address fell short of any good record of having seriously tackled corruption during his eight-year tenure. I would like to be in the shoes of a doubting Thomas until I see real results delivered by ORAL.

Opanin Wisdom: We should at least give ORAL the benefit of doubt and hope that it will succeed. The concept of ORAL is a laudable one and should be applauded. My main concern is with the ORAL Committee. I have read and heard that the committee’s main function is just to receive information about corruption from Ghanaians, assess them and subsequently forward them to the requisite lawful bodies and institutions for possible prosecutions. Its main work thus evidence gathering. I am aware of legitimate questions about the legal basis of the committee. Beyond the legalities, it seems to me that the work of the committee will create needless bureaucracy. I think we should rather think of pragmatic approaches and systems that will encourage Ghanaians and other residents to report alleged corrupt conducts to the relevant bodies or institutions directly. Relevant incentive and safety mechanisms should also be put in place. Besides, we need to implement existing legal provisions that empower, encourage and protect whistle-blowers of the ills in Ghana. We need to also focus on strengthening the work of anti-corruption bodies and institutions. Democracy and accountable governance thrive on strong state institutions, not politically motivated committees.

Mr. Abroenye: I share in the views of Opanin Wisdom. Another key concern with ORAL is that it appears to target officials of Akufo-Addo and Bawumia led Government. While this perceived target in itself is not wrong; it raises legitimate questions about the credibility of ORAL. To demonstrate more seriousness, ORAL should begin from the Mills-Mahama led Government. President Mahama should also subject his previous administration to ORAL to demonstrate to Ghanaians that he is in real business. I am looking forward to see how President Mahama will deal with allegations of corruption against persons in his new Government. True charity begins from a person’s home.

Dr. Basabasa: Exactly, Mr. Abroenye. Crime has no expiry date hence the need to extend the boundaries of ORAL to previous administrations other than just targeting that of Akuffo-Addo. My biggest concern with the ORAL Committee is its core function. Is the committee going to gather rumours, suspicions and hearsays? It is a common knowledge that multitudes of rumours and suspicions do not constitute evidence in law. Hearsay testimonies are also usually subjected to high legal standards before they can become evidence. The ORAL Committee is needless if its main work is evidence-gathering because its work will be limited and be frustrated because of its lack of requisite legal capacity. Is it the case that the existing anti-corruption bodies and institutions are unable to gather evidence to stir their prosecutorial mandates? Will a partisan committee, such as the ORAL Committee, be able to do a better job than legally established state institutions? One of the main reasons for Ghana’s failure to fight corruption is lack of true political will and political interferences in the work of anti-corruption bodies and institutions. I think the Office of the Attorney-General and the Ministry of Justice has been failing in dealing with suspected corruption cases because of political colours. I also believe the Office of the Special Prosecutor (OSP) is almost becoming a white-elephant in its anti-corruption mandate if urgent steps are not taken to salvage its sinking image. As for the Economic and Organised Crime Office (EOCO), the less said about it the better. It is high time we did forensic audit of these institutions to diagnose the challenges frustrating their core mandates. We should focus on how to strengthen these institutions and other existing bodies to enable them deliver tangible results rather than creating committees. Despite the various spirited-defences that were marshalled for the establishment of OSP, a number of Ghanaians remain unconvinced as to whether it has truly lived up to expectations.  Let’s not deceive ourselves into thinking that a cat will be fiercer than a lion.

Professor Nkwantabisa:  said Dr. The ORAL Committee is definitely not fiercer than EOCO and OSP. However, I believe EOCO, OSP and other like-minded institutions and Civil Society Organisations (CSOs) can be empowered to ride on the wheels of the concept of ORAL to do better job in this new era.

Opanin Wisdom: In addition to what Prof. has just said, I think ORAL should be clothed with fairness, integrity and credibility. There is no need for rushing the implementation of ORAL because of a political victory. Its implementation should be driven by soberness, meekness, thoughtfulness, truthfulness, lawfulness and more seriousness.

Richard Obeng Mensah, author of Daily Wisdom. The writer is an award-winning prolific author of 9 books, and over 250 articles and op-eds on legal and non-legal themes. The writer is a Fellow of the Brew-Hammond Energy Centre, KNUST, Kumasi-Ghana. He is a pastor, lawyer, law lecturer, certified life and leadership coach, and a blogger. The writer is also a Chevening Scholar and a scholar of ALI-incubator.

Email: richardobengmensah@gmail.com 

Mobile: +233 (0)246 556 774. 

Blog: https://richard-obeng-mensah.blogspot.com/?m=1 

Google scholar link: https://scholar.google.com/citations?user=zh3DbrkAAAAJ&hl=en 

Publication History: Authored on 06/01/2025 and published on the author’s blog on 08/01/2025.  

 

Acknowledgement: The writer appreciates the critiques and valuable comments of his Editorial Team to this writeup. He however holds the sole responsibility for the content of this write-up.