Senyo Hosi, an economic policy analyst, has criticised the judiciary, alleging an undue influence of the executive over the Supreme Court, which he believes has tarnished the court’s impartiality in the eyes of the public.

In a letter addressed to Chief Justice Gertrude Torkonoo, dated October 30, 2024, Hosi questioned the Supreme Court's assumption of jurisdiction over 4 vacant parliamentary seats, a matter he argued should legally reside under the High Court's purview as stated in Article 99 of the 1992 Constitution.

"Your recent decision in the Afenyo-Markin vs. The Speaker of Parliament case heralds a number of other cases before it, that the public thinks resulted in desecrations of justice, and even worse, perversions of our democracy. Madam Chief Justice, how did the Supreme Court assume jurisdiction in a matter that the constitution clearly states under article 99 belongs to the High Court?

"How do you explain the supersonic speed with which you empaneled judges to hear the matter when other similar public interest cases have been completely ignored by the court? According to reports, within two hours of filing the application for stay of execution, you empaneled busy justices, including yourself, on a day that the court hardly sits; to hear the application and delivered a ruling - I pray my seven (7) year defamation case receives the same attention going forward. It is for this reason that some have suggested that the court was ready and waiting for the motion to be filed," part of the letter stated.

Senyo Hosi expressed concern over the perceived selective expediency of the court, citing how, in the recent Afenyo-Markin vs. The Speaker of Parliament case, the Chief Justice empaneled judges at an unprecedented speed.

"How did your court, sua sponte, subvert settled legal principles by granting, ex parte, an order of stay of execution pending the final determination of the case, when the Plaintiff only prayed for a ten-day interim order in conformity with standard practice? Which Court grants an interlocutory injunctive relief on the basis of an ex parte application? Where is the justice in this exercise of discretion?” it added.

Touching on the public's growing cynicism, the Supreme Court referenced the emergence of pejorative nicknames such as "Unanimous FC" and "WeKTO Centre" (We-Know-The-Outcome Centre) to describe the court’s actions.

"In past times, such epithets would have been unimaginable. Today, they reflect a prevailing view that our highest court has become predictable in its rulings. How did we arrive at such a low point?" Hosi asked, suggesting that these descriptors stem from discontent over the court’s approach to constitutional matters,” he added.

He further urged the Chief Justice to reaffirm her dedication to impartiality, warning that the judiciary’s eroded public trust could have far-reaching consequences for Ghana’s democracy.

"I hope that for the remainder of your time as head of the judiciary, you will do some soulsearching, exemplify neutral partisanship, and renew your commitment and loyalty to the people of Ghana, on whose behalf you have sworn to serve and do justice.

"My lady, please make no mistake, you are not in the eye of any storm. Rather, your actions have become the storm and Ghana in your eye. My lady, please do not mistake yourself as merely weathering a storm. Your actions have become the storm, and Ghana now stands in your eye,” he added.

Read the full letter below



JKB/AE

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