Chief Justice nominee Gertrude Araba Esaaba Torkornoo has dismissed perceptions that unanimous decisions taken by judges on a panel smack of bias.
During her vetting before Parliament’s Appointments Committee on Friday, May 26, Justice Torkornoo explained that a unanimous decision by the apex court indicates that the decision is based on the law and not influenced by bias.
“Whenever you encounter a unanimous decision, it tells you that the law is totally on the side of the position taken by the court, that every member of the court in fidelity to their judicial oath cannot take a different position, it tells you that, that is what the law is.
“So the only response is to learn from what the law says, it is not a matter of bias, it is a matter of the legal position.”
Some members of the National Democratic Congress have publicly described the Supreme Court as biased following a series of defeats during the Election petition hearing. According to them, the bench tends to favour the NPP during cases between the two parties.
But the Chief Justice nominee further explained that people lose cases on technicalities and seek to find excuses for their loss. She added that it is crucial for people to have a firm grasp of legal principles before making judgments.
Justice Torkornoo also defended the decision by the Supreme Court to issue contempt summons to persons who make insulting comments or denigrate the image of the apex court.
According to her, summoning people for contempt is a tool used to keep the dignity and reputation of the Courts in Ghana.
“The issuing of contempt summons has always been a tool that has been used by courts to ensure that the dignity of the court is not scandalized. The [Supreme] Court is one out of 400 courts, and it is the ultimate voice, so whenever the court acts, whether it is the High Court, Court of Appeal, or Supreme Court, it is to ensure that the Justice system is not scandalized,” Justice Torkornoo said during her vetting.
