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Nana Kay News Blog of Wednesday, 7 June 2023

Source: Island Reporters

Parliament approves Gertrude Torkornoo to be Chief Justice

Gertrude Torkornoo, who was nominated for the position of chief justice, was authorized by the Senate on June 7, 2023, following a lengthy debate in the House.

In April 2023, President Nana Addo Dankwa Akufo-Addo nominated Justice Torkornoo.

She is taking over for Justice Kwasi Anin-Yeboah, who retired on May 24.

During her screening on Friday, May 26, she stated, among other things, that the notion that judges in Ghana do the behest of appointing authorities is false.

She explained that the work of justices is for the benefit of all Ghanaians, not the appointing bodies.

Francis Xavier Sosu, a lawmaker from Madina, asked her about the perception that judges, particularly the Justices of the Supreme Court, do the bidding of the appointing authorities. In response, she stated, "This is a false perception, as the majority of our work relates to the ordinary Ghanaian and has little to do with the appointing authorities."

She added that she would employ "consistent engagement with the Ghanaian community through the media regarding how justice is administered" in order to dispel this notion.

Following is the complete profile of Justice Torkornoo.

JUSTICE GERTRUDE ARABA ESAABA SACKEY TORKORNOO is her full name.

Supreme Court, Ghanaian Judicial Service
Date of Birth: September 11th, 1962.

Mrs. Justice Gertrude Araba Esaaba Sackey Torkornoo entered the Judicial Service in 2004 as one of the first Justices of the High Court's Commercial Division. Since 2005, she has participated in the fundamental reform agenda and activities of the Judiciary and the Judicial Service of Ghana (JSG).

The specialized divisions of the High Court, the Judicial Training Institute, administrative committees set up to ensure the implementation of the automation and digitalization of court work and administration of JSG, the streamlining of alternative dispute settlement mechanisms in justice delivery, and communication channels between the Judiciary and its stakeholders were the organs through which these reforms were implemented.

Leadership Description

To ensure the success of judicial reforms, Justice Sackey Torkornoo has served as vice chair of the E-Justice Oversight and Implementation Committee (E-Justice OC) since its inception in 2019 and as chair of the E-Justice OC since August 2021.

She is a member of the faculty and Governing Board of the Judicial Training Institute, vice chair of the Internship and Clerkship Committee of the Judiciary since 2012, and Supervising Judge of the Commercial Division of the High Court since 2013.

Justice Sackey Torkornoo has served as a judicial leader in the development and oversight of several Judiciary reform initiatives involving the European Union, USAID, DFID, and partnerships with other African nations. Since 2016, she has also been a member of the Law Reform Commission.

E-JUSTICE Implementation and Oversight Committee

This Committee's leadership responsibilities include liaising with all external stakeholders in the provision and sustainability of the E-Justice infrastructure, establishing and supervising the activities of all staff, Judges, and committees involved in managing the infrastructure, ensuring a cultural shift from the use of manual systems to operating in the virtual realm, and planning for the progressive attainment of nationwide electronic justice delivery.

As chair of E-Justice, she is responsible for ensuring that the Ghana Case Tracking system, which was implemented as part of the Security Governance Initiative by the Judicial Service of Ghana, Ghana Police Service, Economic and Organised Crimes Office, Ghana Prisons Service, National Signals Bureau, Ministry of Justice, and Office of the Attorney General, is streamlined into efficiency. The Ministry of Communications and Digitization is supervising this project.

In addition, the E-Justice Oversight Committee has scrutinized the High Court Civil Procedure Rules CI 47, the District Court Civil Procedure Rules CI 59, and the Criminal and Other Offences Act Act 29 to ensure that all rules governing judicial proceedings are compatible with E-Justice. The outcomes of this work will be presented to both the Rules of Court Committee for legislative reforms and the Ministry of Communications and Digitalization for incorporation into the next phase of E-Justice deployment's scope of work.

Supervision of the High Court Commercial Division

Since 2013, as Supervising Judge of commercial courts, Justice Sackey Torkornoo has set the agenda and presided over the meetings and programs of the Commercial Courts Users Committee. Through leadership initiatives such as 'brown bag learning sessions' for Judges of the court, consistent meetings with staff and leadership of the court, engagements with external service operators such as process servers, valuers, auctioneers and the Users Committee of the court, and presentation of policy briefs to Chief Justices on needed reforestation, she has quietly sustained a culture of efficiency in the commercial division of the High Court across the nation.


You are a role model for women, says Afenyo-Markin to Gertrude Torkornoo.
Justice Sackey Torkornoo presided over the implementation of the British Department for International Development (DFID)-funded Business Environment Engineering Project (BEEP).

Her leadership in this initiative sparked and advised the Ministry of Trade and Industry on the implementation of Users Committees in other institutions participating in the BEEP project. The BEEP initiative had a further impact on the MOTI's efforts to integrate the Business Environment Reforms into national institutions.

She serves as the chair of the Technical Working Group on 'Enforcing Contracts', which was established to guide the evolution of the business law environment. The outcomes of the BEEP project within the Judiciary included the design of necessary reforms in the monitoring and evaluation of data collection currently being implemented by the Judiciary, the design of necessary reforms in the post-judgment and execution portion of justice delivery, and reforms in streamlining of ADR in commercial justice delivery in Circuit and High Courts, which led to the passage of High Court (Civil Procedure) Amendment Rules 2020, CI 133.

Judicial Education

Since 2005, as a member of the Judicial Training Institute's faculty, and since 2018 as a member of the JTI's board of directors, Justice Sackey Torkornoo has actively participated in initiatives to enhance the learning of judges by increasing their awareness of the distinctions between judicial skills, the social context of judicial work, and fundamental black letter law. This work has included serving as a trainer of trainers, developing a curriculum for teaching Judicial Ethics, creating a training manual for Judicial Ethics, and incorporating ethical principles into the daily activities of judges. She has worked to encourage Judges to strive for excellence through the development of research and writing skills, case and courtroom administration, and the application of judicial ethics in their professional and personal lives by serving as a constant trainer in judicial ethics.

Educational Resources

After assuming the chair of the Editorial Committee for the Association of Magistrates and Judges of Ghana in 2009, Justice Sackey Torkornoo oversaw the publication of an annual magazine for Judges, ensuring that issues pertinent to the development of competence in the judicial career and the execution of the Judiciary's constitutional mandate were highlighted. Since 2012, she has also presided over the E-Judgment Committee, which is responsible for the development of electronic research resources for judges, and she has overseen the establishment of an e-judgment research resource with keyword searchability for judges.

Since 2012, as vice chair of the Internship and Clerkship Program, Justice Sackey Torkornoo has actively contributed to the administration of the internship and clerkship program run jointly with law faculties, law firms, the Ghana Bar Association, and the Ghana School of Law.

Awards

In 2010, after a global selection, Justice Sackey Torkornoo became the first recipient of a scholarship from the International Association of Women Judges. Her thesis on reforming Ghana's Copyright Law pertaining to Folklore and Art was published as the lead article in the University's Annual Survey of Comparative and International Law.

Under the auspices of the Ministry of Gender, Child, and Social Protection, she was granted the Women of Excellence Award in Judicial Integrity in 2015.

She became a Fellow of the Ghana Institute of Construction in 2016.

Justice Sackey Torkornoo is renowned for her excellence in administrative leadership, continuing education, teaching, and writing, as well as the judicial ethics of competence, diligence, and integrity, without sacrificing the quality of her courtroom work and written judgments. She worked closely with Chief Justices George Kingsley Acquah (deceased), Georgina Theodora Wood (Rtd), Sophia Akuffo (Rtd), and Anin Yeboah.

In October 2012, she was elevated to the Court of Appeal, and in December 2019, she will be elevated to the Supreme Court.

CURRICULUM VITAE

JUDICIAL WORK

Justice of Ghana's Supreme Court, responsible for constitutional cases, final appeals over chieftaincy cases, supervisory jurisdiction over superior courts, final appellate jurisdiction in the judicial hierarchy, and presidential election petitions. Participant on the petition for the 2021 presidential election.

OCT 2012 – APR 2019: Justice of Ghana's Court of Appeal tasked with hearing and deciding appeals from High Courts. Participated on appeals court committees in Kumasi (Oct 2015 - Jul 2017) and Tamale (Oct 2017 - Dec 2019).


She assisted with and authored more than 180 well-researched appellate judgments on substantive law, legal philosophies, norms of procedure & equity, with an emphasis on doing substantial justice and preventing miscarriage of justice.

Justice of High Court, Ghana and Judge/Neutral with responsibility for court-assisted mediation and negotiation in pre-trial settlement conferences, from MAY 2004 to OCTOBER 2012.

During the time period, she penned more than 150 well-researched judgments delivered after the adjudication of commercial disputes; and more than 350 disputes were resolved and non-appealable decisions were recorded following mediated settlements.

JUDICIAL ADMINISTRATIVE AND SUPPORT WORK

Chair, E-Justice Committee – Responsible for leading the planning of the automation of all levels of courts, acquisition, and incorporation of the use of electronic resources and software in the work of Judicial Service.

Since 2013, the Supervising Judge has been responsible for ensuring the efficient operation of the Commercial Divisions of the High Courts.

Chair, 'Enforcing Contracts' Subgroup of the Business Regulatory Reform Program – A program for designing and implementing interventions to guarantee efficient contract enforcement, funded by the World Bank and administered by the Ministry of Trade and Industry.

Chair, The Business Environment Enablement Program – A multimillion-pound sterling initiative for reforming commercial justice delivery implemented by the Judiciary between 2015 and 2020 with funding from DFID, United Kingdom.

Since 2015, Chair, E-Judicement Committee – Planning and implementation of electronic library resources for the Judiciary and Judicial Officers.

Vice-Chair of the Judiciary's Internship and Clerkship Program.

Faculty Member at the Judicial Training Institute, facilitating instruction in Judicial Ethics, Judgment Writing, Case Management, Courtroom Communication, and Commercial Law.

Member – Judicial Training Institute Governing Board – Responsible for planning and supervising training programs and learning resources for the Judiciary and Judicial Service staff.

Member, Editorial Committee of the Association of Magistrates & Judges of Ghana; in charge of the publication of Journals, Newsletters, and Magazines for the Judicial Service and the Judiciary.

Member of the Committee tasked with drafting the Judicial Charter and other written resources for the Judiciary.

Chaired interview panels for the hiring of Judicial Service senior officers.

Presided over numerous committees for the Judicial Service's acquisition of apparatus and construction services.

EXPERIENCE PRIOR TO JUDICIAL STUDY

1997-2004 Managing Partner, Sozo Law Consult - Law Firm providing business consulting, project planning and supervision, litigation, arbitration and negotiation representation;

Chief Executive Officer of SLC Law Forum – A Publishing, Training, and Research Support Service for Business Law (a Sozo Law Consult subsidiary). Business community-focused training programs on Commercial Law topics and legal skills, such as project contract negotiation. Provided advisory services to the Business Law Division of the Department of Justice. Directed the publication of A Handbook on Business Law and Legislative Watch on an annual basis;

1994-1996 - Director, Fugar & Co, Accra Responsible for assisting with the administration of the law firm and its project initiatives while continuing to practice as a solicitor and barrister.

Associate, Fugar & Co, Accra, 1987-1994

Working as a Solicitor engaged in the negotiation and crafting of commercial agreements and project documentation; company secretarial services; Barrister assisting or leading litigation at all court levels.

During this time, she was also employed as:

External Solicitor for the City of Tema – Advising the Tema Municipal Assembly on Administrative Law matters; initiating and defending legal actions against the TMA; leading the negotiation of development initiatives for the municipality.

Facilitator for Construction Law and Project Management Training Programs for the Ministry of Roads and Highways, the Ghana Institute of Engineers, the Ghana Institution of Architects, and the Ghana Institute of Construction.

Awards:

1989: Received an award from the International Bar Association for the best essay in a global essay competition on international law considerations in project contracts, which was organized to increase attorneys' understanding of construction and project contracts. The incentive included monetary compensation and employment in the Construction Law Department of Nabarro Nathanson, a top 20 law firm in London, United Kingdom.

Academic Study, Journal Articles, and Publications

The doctrine of Sanctity of Contracts versus the doctrine of Sovereignty in International Relations – The Case of Renegotiating the Ghana Valco Agreement.

December 1989 International Business Lawyer

Human Rights, Indigenous Rights, Minority Rights: An Examination of the United Nations Declaration on the Rights of Indigenous Peoples through the Lens of Tribal Groups in Ghana.

Research Paper on International Human Rights Submitted for LLM Credit; Golden Gate University, 2011.

'Nuremberg, Congo, and Libya: Has Might Remained Right Or Has Right Become Might? An Examination of the International Commitment to Peaceful Conflict Resolution.

Research Paper on the Peaceful Settlement of International Disputes Submitted in Fulfillment of an LLM Requirement; Golden Gate University, 2011.


The Difficulty of Harmonizing International Legal Regulation of Traditional Cultural Expressions in Intellectual Property Law

2011 Research Paper presented at the Fulbright Symposium on International Law Developments, Golden Gate University, San Francisco

Creating Capital from Culture: A Reconsideration of the Expressions of Folklore Provisions in Ghana's Copyright Law

Annual Survey of International & Comparative Law, Golden Gate University School of Law, Volume XV111, Spring 2012

International Law Considerations (Non-Considerations) in Domestic Supreme Court Decisions in Ghana

Judicial Journal, 2014

The Argument for Prioritizing Commercial Justice Reforms in Africa: Lessons from Ghana

September 2007 presentation at the Conference on Administration of Commercial Justice in Africa in Arusha, Tanzania

"A review of Intellectual Property Case Remedies under Civil Procedure Rules 2004 CI 47"

Conference on 'Reviewing the Scope of Intellectual Property Laws in Ghana' – WIPO/Judicial Service of Ghana, June 2008

Chief Editor's Judicial Ethics Training Manual, 2009

"Can we thrive in a digital universe?"

April 2022 Bench/Bar/Faculty Lectures in Ghana

Between 2009 and 2022, the Judicial Journal (now The Bench) published a number of articles on the tension between interest rates and debt sustainability, as well as other commercial law topics, judicial ethics, and leadership.

EDUCATION

LLM in Intellectual Property Law, 2010-11, Golden Gate University, San Francisco, United States

2001 – Postgraduate Diploma in International Law and Organizations for Development, Institute of Social Studies (now Erasmus University), The Hague, Netherlands

Ghana School of Law, Professional Certificate in Law, 1986

1984: Bachelor of Arts in Law and Sociology, University of Ghana

1980 - GCE A Level, Accra's Achimota School

1978: GCE O Level at Wesley Girls' High School in Cape Coast

Additional Seminars and Presentations

Technology and the Courts in Singapore in 2022

2022: A Guide to Presidential Petitions, the Law, and Redress. Mombasa, Kenya (seminar organized in preparation for the Kenyan elections of 2022)

Accra, West Africa Regional Training Center of the United States Embassy, 2018 Ghana's Strategic Plan In Combating Pharmaceutical Crimes

Trends in Intellectual Property Litigation in 2017 – WIPO, Geneva

Legal Ethics and Commercial Justice – Law Society of Zimbabwe

2016 Managing Electoral Petitions - Ghana Judicial Training Institute

Auditing Systems of Justice Delivery in Malawi in 2010

2008 a. Immunity for Diplomatic Activities

Management of Judicial Cases – Judicial Training Institute, Ghana

2007 a. Judicial Conduct

Labor Code
Access to Justice - Ghana Judicial Training Institute

2007 Facilitating Judicial Education–National Judicial Institute of Canada in conjunction with Commonwealth Judicial Education Institute, Ottawa, Canada

Global Intellectual Property Academy, Virginia, United States, Enforcement of Intellectual Property Rights

2006 a. Environmental Protection Agency Mining Law

Electoral Laws – Institute for Judicial Training

2005 a. Accounting and Finance for Judges - Judicial Training Institute

2005 b. South Africa, Johannesburg, South Africa Combating Counterfeit Medicines in Sub-Saharan Africa

Washington, International Law Institute, Mediation and Arbitration

2004 a. The OHADA module on Legal Integration in West and Central Africa, Dakar, Senegal

Growth of Commercial Courts - RIPA International, United Kingdom

2003 Program for Advanced Leadership, Hawaii's Haggai Institute

Legal Issues in Structuring Public Private Partnership Projects

1998 Alternative Dispute Resolution'; LECIA, University of Ghana

1997 ADR & Conflict Management; Ghana University, LECIA

1995 'Basic Securities, Advanced Securities' - The Ghana Stock Exchange

International Construction Contracts; The Study Group, Oxford, United Kingdom, 1995

Other pursuits

Evangelism, Poetry, and Fiction Writing

Books and Theater

Business in Ghana – A Handbook on Laws and Regulations, 1st Edition – 2000; 2nd Edition – 2003 (Published by SLC Law Forum), edited by Gertrude Torkornoo.

Gertrude Torkornoo (Ed), 'Legislative Watch' (A research instrument on the laws amended, reviewed, and newly passed in Ghana) – From 1997 (Updated annually until 2002; currently being developed as an electronic resource) (Published by SLC Law Forum).

Combert Impressions published 'The Child and the Rainbow' by Gertrude Torkornoo in 2010.

Gertrude Torkornoo, 'The Wise Still Hear the Birds' - Anthology of Poetry, Combert Impressions, 2010.

Blood & Roses (2016), The Richest King (2017), and A Day For Rain (2018) (Written for Radio) are his stage works.

Memberships

2018 – present: Member, Central University Governing Council
2016 - Present: Member, Ghana Law Reform Commission
Fellow, Ghana Institute of Construction, since 2016
Member of the International Association of Women Judges since 2010
Fellow, Commonwealth Judicial Educators Institute, Canada, 2007-present
Faculty member, Haggai Institute for Advanced Leadership, Singapore/Thailand and Hawaii, U.S.A., 2005-present
Member of the Association of Magistrates and Judges of Ghana since 2004.
Executive Board Member, Aglow Fellowship International, Tema, from 1992 to the present
1991 - Member of the Theovision International Council

Justice Gertrude Sackey Torkornoo is married to a Pharmacist, Mr. Francis Torkornoo, and has four daughters and three grandchildren.