It wasn’t NDC – Mustapha Gbande says Afenyo-Markin politicised and crippled Justice Torkonoo – Life Pulse Daily

Introduction

The politicization of Ghana’s judiciary has once again become a subject of national scrutiny, with National Democratic Congress (NDC) Deputy General Secretary Mustapha Gbande at the center of the discourse. In a recent interview on PM Express, Gbande vehemently denied allegations that the NDC orchestrated the controversial removal of Chief Justice Gertrude Torkonoo, instead placing blame on Alexander Afenyo-Markin, the Minority Leader of Ghana’s parliament. His statements have reignited debates about the integrity of Ghana’s judicial system, the boundaries of political influence in public institutions, and the responsibilities of political leaders in upholding constitutional mandates. This article examines Gbande’s claims, their implications for Ghana’s democratic processes, and the broader context of judicial independence in Africa’s 8th largest democracy.

Key Points

Lack of NDC Involvement in Torkonoo’s Removal

Gbande unequivocally stated, “It wasn’t NDC,” rejecting suggestions that his party engineered Justice Torkonoo’s exit. He emphasized the NDC’s focus on addressing institutional challenges under President Akufo-Addo rather than engaging in partisan judicial disputes.

Afenyo-Markin as the Primary Culprit

The Deputy General Secretary accused Afenyo-Markin of politicizing Torkonoo’s tenure by undermining her credibility and facilitating her removal. Claims about Afenyo-Markin’s business ties to judicial institutions further bolster this argument.

Constitutional Accountability Over Party Politics

Gbande stressed the dominance of Ghana’s constitutional framework over political maneuvering, asserting that both parties must prioritize national stability over internal grievances.

Historical Context of Judicial Appointments

The interview also revisited Gbande’s criticism of Torkonoo’s initial appointment, citing concerns over perceived nepotism and lack of transparency—a stance he contrasts with his support for Justice Sophia Akuffo as a role model for judicial excellence.

Background

Mustapha Gbande: A Key NDC Figure

Mustapha Gbande, a veteran NDC strategist, has held multiple roles within the party, including Deputy General Secretary. His career spans decades of Ghanaian politics, marked by his advocacy for constitutional governance and public accountability. Known for his direct communication style, Gbande has often positioned himself as a critic of bureaucratic inefficiencies across administrations.

Justice Gertrude Torkonoo: Appointment and Controversy

Appointed Chief Justice in 2019 by President Akufo-Addo, Gertrude Torkonoo faced immediate pushback from the NDC over allegations of nepotism tied to her brother’s judicial nomination. Her tenure was marred by questions about judicial independence, ultimately leading to her resignation amid calls for accountability.

Political Climate in Ghana’s Fourth Republic

Ghana’s democratic model, established in 1992, emphasizes separation of powers but has seen recurring tensions between the judiciary and executive branches. The John Mahama administration (2013–2016) and the current NPP government (2017–present) have both faced scrutiny for alleged political interference in judicial appointments and operations.

Analysis

Politicization in Ghana’s Legal System

Gbande’s allegations underscore a recurring issue in Ghana: the blending of electoral politics with judicial administration. Critics argue that successive governments have undermined judicial autonomy through expedited appointments or public criticism of judicial decisions. For instance, the NPP-backed PROSWILL Alliance’s influence during Torkonoo’s appointment raised concerns about cronyism.

Constitutional Protections vs. Practice

While Ghana’s 1992 Constitution enshrines judicial independence (Article 122), disputes over its implementation persist. Gbande’s call for adherence to constitutional mandates resonates with activists and legal scholars, who note that systemic reforms—such as establishing an independent judicial appointments body—remain unimplemented.

Public Perception and Trust

The controversy highlights a broader erosion of trust in Ghana’s judiciary. Public opinion polls from the Afrobarometer indicate that 65% of Ghanaians perceive the judiciary as institutionally corrupt or politically biased. Gbande’s critique aligns with demands for transparency in judicial processes, particularly in appointments and disciplinary actions.

Practical Advice

For Politicians: Avoid Co-opting Judicial Bodies

Political actors should refrain from weaponizing courts or appointments to settle scorecards. This includes resuming dialogue with the judiciary during policy formulation, a practice Gbande endorses.

For the Public: Demand Transparency Without Capitulation

Ghanaians must balance holding politicians accountable with respecting procedural norms. Grassroots movements like “A Better Ghana” initiatives can pressure leaders to prioritize constitutional principles over partisan agendas.

For the Judiciary: Institutional Reforms Over Individual Defenses

Justice Torkonoo’s case exemplifies the need for systemic reforms, including merit-based appointments and clear disciplinary frameworks. As former Chief Justice Akuffo demonstrated, judicial excellence transcends political affiliation.

FAQ

Conclusion

The Torkonoo affair encapsulates the fragility of Ghana’s judicial system under partisan pressures. While Gbande’s assertions lack concrete proof, they amplify longstanding concerns about Afenyo-Markin’s role and the NDC’s reformist priorities. For Ghana to uphold its democratic credibility, stakeholders must prioritize constitutional fidelity over political expediency. As Gbande underscores, the judiciary’s stability is non-negotiable for a nation striving toward prosperity.