Majority Recommend The Approval Of Gertrude Torkornoo As Chief Justice

A majority vote of the Appointments Committee of Parliament has recommended the appointment of Justice Gertrude Torkornoo as Chief Justice.

This occurred after her screening by the committee on Friday.

Minority members of the parliamentary committee wish to postpone the vote on her confirmation.

When she appeared before the committee on Friday [May 26, 2023], however, each committee member was given the opportunity to ask her questions. According to the majority, there is no reason to postpone the decision.

After evaluating the "Supreme Court reasoned judgement in the matter of James Gyakye Quayson" and his expulsion from Parliament as a member for Assin North, the Minority stated that they would be able to fully evaluate Justice Gertrude Torkornoo and approve or disapprove of her nomination as Chief Justice.

Joe Osei Owusu, Chairman of the Appointments Committee of Parliament and First Deputy Speaker, asserts that the Minority came to the screening with this stance.

His position is that there is no justification for delaying a decision on her recommendation until after the public hearing [vetting], simply because the Minority wishes to hear a verdict in the Gyakye Quayson case.

"They [Minority] came to the vetting with a position: Do this for me or I won't vote for you. We've gone through the vetting process, and it's evident that there is no justification for delaying the decision [simply] because we want to read the verdict [on Gyakye Quayson].

"Because they [Minority] have not read the judgment, they will not support her; it is a case of a fixed stance versus what exists."

Mr. Owusu stated, "We recommend her for approval by a majority vote."

He stated that the Appointments Committee will submit its report to the plenary for consideration based on a majority vote rather than a consensus.

He explained that after the public vetting and when the committee members went into a meeting, as is customary after each vetting, the Minority side raised the issue of the outstanding Supreme Court complete written ruling on the Gyakye Quayson case.

At the conclusion of the public hearing, Mr. Osei Owusu, the chairman, announced, "No one has been denied permission to pose a question. Members have been given every opportunity to pose any queries they desire. Following the conclusion, we must make a decision. Now I inquire as to the justification for postponing the decision. I have no reason to postpone this judgment due to a matter that has been resolved by a panel [regarding Gyakye Quayson] and not her [Torkornoo]. Even if she writes the judgment [of the Supreme Court], she will do so on behalf of the [panel] and convey the group's decision. Mr. Osei Owusu stated this in an interview with Richard Sky of Citi FM, which was monitored by Graphic Online.

Mr. Osei Owusu stated that there is "absolutely no basis for recalling her for a second meeting for vetting."

There are no unresolved issues. There is no doubt that there was no response. In fact, for those who were paying attention, the Minority Leader [Cassiel Ato Forson] was the last person to ask questions on behalf of the Minority; he asked questions pertaining to this same judgment, and she explained how they [judges] draw conclusions and how group decisions are reached.

Statement from the Minority party

Later, in a press release, the Minority stated that they were able to evaluate Justice Torkornoo on all relevant criteria "except for the outstanding matter of James Gyakye Quayson, which would allow us to reach a conclusion."

The Minority Chief Whip, Kwame Governs Agbodza, issued a statement on Friday evening (26 May 2023) that read, "We expect the court's reasoned decision on this matter by 7 June 2023 to finalize our decision."

This followed a daytime examination of the nominee by the Appointments Committee of Parliament.

Following is a copy of the Minority's statement.

MINORITY POSITION ON VETTING OF CHIEF JUSTICE NOMINEE

Minority Members on the Appointments Committee of Parliament did not vote on the President's nominee for Chief Justice today because the Supreme Court's reasoned decision in the case of Hon. James Gyakye Quayson was unavailable.

It is essential to note that the Appointments Committee recently vetted and approved this nominee as a Supreme Court justice in 2019. However, Minority Committee Members were required to evaluate the nominee's decisions in all other cases, including the James Gyakye Quayson case, since his 2019 vetting.

With the exception of James Gyakye Quayson's unresolved issue, which would have allowed us to reach a conclusion, we effectively evaluated the nominee on all relevant criteria. We anticipate the court's reasoned judgment on this matter by 7 June 2023 to finalize our decision.

Our challenge has been properly communicated to our colleagues on the majority side, and we anticipate their cooperation.