Afenyo-Markin Criticizes Council of State Over Chief Justice Suspension

Minority Leader Alexander Afenyo-Markin has accused Ghana’s Council of State of failing to uphold democratic principles following the suspension of Chief Justice Gertrude Torkornoo. In a social media post, Afenyo-Markin stated, “Our Council of State has failed our democracy,” amid growing scrutiny of the suspension process and its implications for judicial independence.

The Chief Justice’s suspension, initiated by President John Mahama after three petitions alleged misconduct, was endorsed by 30 of the Council’s 31 members. Former Chief Justice Sophia Akuffo abstained from the vote, though her reasons remain unclear. Afenyo-Markin argued the Council’s approval undermines constitutional safeguards designed to protect judicial autonomy, calling the move part of a broader “systematic assault” on institutions.

The Ghana Bar Association (GBA) has separately condemned the suspension as unconstitutional, citing the absence of a published statutory instrument to justify the decision. A lawsuit filed by MP Vincent Ekow Assafuah further challenges the process, alleging violations of Article 146 of the 1992 Constitution, which outlines procedures for judicial removal.

Political tensions have intensified as the Minority plans a May 5 protest to demand accountability and defend judicial independence. Afenyo-Markin’s criticism aligns with opposition claims of executive overreach, including recent disputes over Supreme Court nominations perceived as politically motivated.

The Mahama administration maintains due process was followed, emphasizing the Council of State’s advisory role. However, critics argue the lack of transparency risks eroding public trust in governance. Legal analyst Dr. Kojo Pumpuni Asante of CDD-Ghana notes that unresolved political disputes increasingly burden the judiciary, complicating perceptions of its neutrality.

Ghana’s Council of State, tasked with advising the president on constitutional matters, now faces unprecedented scrutiny. Its role in the suspension highlights broader debates about the balance of power in a democracy often hailed as a regional model. Similar controversies, such as the 2022 removal of a High Court judge, have previously tested judicial independence, though none have drawn such concentrated opposition backlash.

As legal challenges and protests unfold, the outcome may set critical precedents for institutional accountability. With Ghana’s judiciary historically viewed as a check on executive power, the resolution of this standoff could shape the nation’s democratic trajectory amid rising regional instability.