Introduction

In a heated exchange of legal rhetoric, former NDC Director of Legal Affairs Abraham Amaliba has publicly criticized former Chief Justice Gertrude Torkonoo, dismissing her judicial maneuver as a “crybaby” tactic to delay critical constitutional processes. This clash underscores growing tensions between Ghana’s judiciary and executive branches, particularly around the contentious appointment of Justice Baffoe-Bonnie as Chief Justice. Amaliba’s remarks, delivered during an interview with Prime Insight on October 18, 2025, frame Torkonoo’s recent High Court petition to block the vetting of Justice Baffoe-Bonnie as both reckless and politically motivated. This article dissects the legal arguments, constitutional implications, and broader stakes

Legal Framework Governing Judicial Appointments in Ghana

Article 171 of the 1992 Constitution outlines the process for appointing the Chief Justice of Ghana, emphasizing the role of the Judicial Service Council and adherence to merit-based selection criteria. Critics argue that politicizing judicial appointments undermines the judiciary’s independence, while proponents of expedited processes stress the need to avoid indefinite delays exacerbated by procedural stalls.

Impeachment vs. Judicial Discipline: Constitutional Safeguards

Under Article 146, removal of High Court or Supreme Court Justices requires a two-thirds National Assembly vote and only applies to misconduct or incapacity. Torkonoo’s invocation of impeachment signals a potential escalation if disputes remain unresolved, highlighting the system’s layered mechanisms to balance accountability and judicial autonomy.

Conclusion

Amaliba’s scathing critique of Justice Torkonoo’s legal tactics reveals deepening fissures in Ghana’s judicial system. While Torkonoo’s bid to void the James Garling-Smith scandal inquiry demonstrates constitutional rights to resist perceived unfairness, Amaliba’s characterization of this as “crybaby” posturing underscores conflicting priorities between expediency and principle. As public attention falls on the Attorney General’s adherence to statutory timelines, the coming weeks will test Ghana’s judicial integrity and its resilience in resisting political weaponization of legal processes.

FAQ