THE LAW IS THE LAW: Power, Politics And The Enduring Test Of Ghana’s Democracy

Law is the invisible thread that binds society. It represents humanity’s collective choice of order over chaos, justice over brute force, and coexistence over anarchy. In the animal kingdom, unwritten rules, hierarchies, territories, and survival codes, govern behavior.

For humans, law rises higher: reasoned, debated, codified, and enforced to safeguard dignity, liberty, and life itself.

Without law, the weak lack protection, the strong face no restraint, and democracy becomes a mere illusion.

It was against this backdrop that Ghana’s then Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo, declared in 2023: “The law is the law.”

Made amid political tension and intense judicial scrutiny, the statement reaffirmed a core democratic principle: courts are bound by enacted law, not political pressure, public sentiment, or partisan expediency.

What seemed a straightforward affirmation of constitutionalism ignited fierce debate, becoming one of the most polarizing judicial pronouncements in recent Ghanaian history.

The ruling New Patriotic Party (NPP) welcomed it as a robust defense of judicial independence and constitutional supremacy, emphasizing that no person, institution, or party stands above the law.

The opposition National Democratic Congress (NDC), however, saw it differently. Critics questioned the timing, tone, and implications of the statement, viewing it as dismissive of legitimate grievances in ongoing disputes. Some alleged judicial bias in favor of the government.

Ordinary Ghanaians mirrored this divide.

I confess that I initially shared some reservations, not from party loyalty, but from personal encounters within the courts that raised concerns about interpretation, discretion, and consistency in the delivery of justice. Over time, reflection led me to a necessary conclusion, the law itself is rarely the flaw. The problem lies in the human element, how it is interpreted, applied, delayed, bent, or abused.

Once debated, passed by Parliament, and assented to, the law is the law. What erodes justice is human interest: influence, fear, corruption, or selective enforcement.

Ghana has witnessed numerous high-profile cases involving parliamentary seats, elections, governance, corruption, civil liberties, illegal mining, and public morality that have tested public faith in the judiciary. A familiar pattern emerges: rulings that favor one side are praised as respect for the law; those that go against it provoke accusations against the law itself.

The irony deepened dramatically when Justice Torkornoo herself later faced removal proceedings under Article 146 of the 1992 Constitution. Petitions alleging misconduct led to her suspension in April 2025, a committee inquiry, and her eventual removal from office as Chief Justice and Justice of the Supreme Court on September 1, 2025.

The phrase “the law is the law” resurfaced, now applied to her.

Critics, including elements of the Minority in Parliament, alleged executive manipulation of legal processes. Justice Torkornoo maintained her belief in the principle but argued that due process had been violated and that outcomes were predetermined.

This episode laid bare a national truth, the law grows uncomfortable when it applies to us.

Who, then, safeguards justice? The integrity of its custodians, judges, lawyers, prosecutors, and legal officers, matters profoundly. They must embody high moral character, ethical fortitude, selflessness, and courage. Robes and titles are empty without conscience.

Last year, as many graduated from the Ghana School of Law, I felt unease rather than celebration, not personal, but institutional.

Revelations from past judicial corruption probes, including those by Anas Aremeyaw Anas, remind us that justice falters when character fails.

The law must transcend politics; upholding it is a national duty. “The law is the law” was never wrong. The real contest lies in its faithful application.

This is not a plea for blind obedience, but for principled respect, for process, consistency, fairness, and accountability. Democracy endures not on laws alone, but on trust in their impartial application.

To the NDC and NPP, civil society, the legal profession, and every citizen, defend the rule of law not only when it serves us, but especially when it challenges us. Resist weaponizing the law while in power or demonizing it while in opposition.

Respect for the law must underpin true democracy, protect human rights, and deliver justice for all, not merely the powerful. It is our shared duty to keep the law just, credible, and respected.

Only then can Ghana remain a beacon of democracy, peace, and hope.

And yes—the law is the law.

 

Writer: Sattey Yaw Stephen, a student leader, and a public servant.

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