Former Special Prosecutor Martin Amidu has criticized Chief Justice Gertrude Torkornoo over her decision to close courts in the Upper East Region due to security concerns in Bawku and surrounding areas.

In a statement issued on Sunday, November 10, 2024, Amidu expressed frustration, saying that the Chief Justice’s actions show a lack of understanding of Ghana’s geography and history.

He stated, “The conduct of the Chief Justice in closing those courts on spurious grounds demonstrated her lack of high moral character and proven integrity to have been entrusted with the exercise of the administrative and supervisory powers vested in her under Article 125 of the 1992 Constitution.”

Amidu went on to question the Chief Justice’s ability to lead, saying, “A Chief Justice of any country who does not know the history and geography of her country and acts discriminatorily, unfairly, and without candour in the performance of her administrative and supervisory functions is clearly unfit to be the head of the administration of an independent judiciary.”

He pointed out that the court closures extended to areas far from Bawku, such as Bolgatanga, Zebilla, and Garu, which were not directly affected by the security situation. “Her decision included courts in locations like Bolgatanga, Zebilla, and Garu, which Amidu argued were neither geographically close to Bawku nor relevant to the security advisories.”

Amidu also questioned why similar closures had not been imposed on other areas facing security concerns, citing curfews in towns across the country. “The website of the Ministry of the Interior, where I was once also the Minister, shows that between the end of September 2024 and the end of October 2024, the Minister for the Interior imposed curfews on ten towns and their environs,” he said. “I am not aware that the Chief Justice closed down the courts in those townships and their environs as a result of the curfew declarations.”

The former Special Prosecutor criticized the Chief Justice’s response to public backlash, noting her order to reopen four courts without any explanation. He suggested that her actions were politically motivated, driven by loyalty to the executive branch rather than upholding the judiciary’s independence. “The cumulative effect of the perceptions she has created... might have been one of the reasons that contributed to the significant decline in the rating of the standing of the nation’s judiciary,” he added, referring to a report by the Mo Ibrahim Foundation.

Amidu called for reforms to restore public confidence in the judiciary and proposed changes to limit the Chief Justice’s administrative powers. “The only proposal which in my considered view would salvage the wanton abuse of the administrative and supervisory powers vested in the Chief Justice under the 1992 Constitution is to curb those powers by a constitutional amendment,” he said. He suggested that Artificial Intelligence (AI) could be used to assist in appointing judges, assessing their performance, and making administrative decisions to prevent bias.

Read the full statement below:

CHIEF JUSTICE - THE RE-OPENING OF SOME COURTS IN THE UER (1)Download