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[Pictured from Right: Prof. Kotey J.S.C, HL the CJ, Gertrude Torkornoo, Amegatcher J.S.C, Ms. Pamela Addo, Judicial Secretary]
On the 27th day of July, 2023, Justices Amegatcher and Prof. Kotey had their final bow. The two respected judges at the Supreme Court Bench who have served the judicial industry in many capacities including training of law students at the Ghana School of Law and the University of Ghana Law faculty for Prof. Kotey, came to the end of their judicial careers.
Both Justices were appointed and sworn in at the same time and bowed out at the same time. The Chief Justice Her Ladyship Gertrude Torkornoo fondly labels them the 'twins under the Judicial Stars'.
The Law Platform provides you with the full speech of the Chief Justice paying glowing tributes to the retiring Justices. The team at The Law Platform wish our retiring judges a restful retirement. Theirs have been a good service to their Country.
REMARKS BY THE HON. LADY CHIEF JUSTICE OF THE REPUBLIC OF GHANA, JUSTICE GERTRUDE SACKEY TORKORNOO, AT THE FINAL BOW FOR HIS LORDSHIP JUSTICE NENE ABAYAATEYE OFOE AMEGATCHER AND HIS LORDSHIP JUSTICE PROF. NII ASHIE KOTEY, JUSTICES OF THE SUPREME COURT, ON JULY 27, 2023 AT THE CHIEF JUSTICE’S COURT, SUPREME COURT BUILDING
My Lords Justices of the Supreme Court
My Lords Justices of the Superior Courts of Judicature
The Judicial Secretary
The National President of the Ghana Bar Association
Members of the Judicial Council
Members of the General Legal Council
Our Celebrants, His Lordship Justice Nene Abayateye Ofoe Amegatcher and His Lordship Justice Prof. Nii Ashie Kotey
Family and Friends of Our Celebrants
Directors and Staff of the Judicial Service
Distinguished Invited Guests
Ladies and Gentlemen
Good morning,
As is the fashion with these events, we meet here seized with mixed feelings. We are here to celebrate two of our illustrious colleagues on the Supreme Court Bench. For that, we can all be grateful. However, the occasion also means that we will not have Justice Nene Abayaateye Ofoe Amegatcher and Justice Prof. Nii Ashie Kotey with us in the trenches and for that, there is much to be sad about.
The last day of sitting in the legal term should normally be a good day, but this 27th day of July 2023 has proved to be a difficult day because we are bowing out two of our illustrious and cherished colleagues. Interestingly, HL Professor Kotey joined the Judicial Service of Ghana in October 2018 and on the same day with HL Justice Nene Ofoe Amegatcher. They are clearly twins under the judicial stars. Notwithstanding the fact that HL Justice Nene Amegatcher retired in February this year, his vary essence of service, a characteristic that has earned him accolades and recognition around the world, has kept him serving the judiciary since that date. We have much to thank him for. Thankfully, we have a few more months to catch up with the retirement date of HL Professor Nii Ashie Kotey, though his last day of sitting, ends today – for constitutional reasons.
What gladdens my heart is the knowledge of his commitment to serving and delivering in all the various capacities that he has undertaken since he joined the Judiciary. For that reason, the pain of saying goodbye to our colleagues today from their work on the bench of the Supreme Court does not end the blessing of receiving of their wisdom and competences.
It is my trust that knowing how much our colleagues have and carry, they will continue to give and assist the Judiciary. The life of a judge is in many significant ways, very different from the life of a lawyer. A judge is essentially a protector of the rule of law, protector of the edicts and principles of law and protector of the administration of justice. On the other hand, the career of a lawyer, is spent on protecting the interest of their clients of course, within law. For academic that Professor Kotey was and has remained, the career path protects the theories of law by keeping track of its development.
The career records of our colleagues who are bowing out today are shining and outstanding examples of the discharge of their duties in the career paths, including the purpose for which the Judiciary has been set up under Chapter 11 of the 1992 Constitution.
These were men who spent their time diligently perusing the law, diligently perusing the procedural rules of court, diligently perusing the settled practices of the court, not only in Ghana but across the common law jurisdictions of the globe and ensuring that Ghana’s legal regimes stay pure for succeeding generations.
We can only say thank you to them for the purity of heart, purity of work and purity of exertion they have shown in all the branches and we look forward to visiting with them and receiving them here to continue serving mother Ghana.
I know that there will be many testaments to their time on the Bench and in our own minds, we will recall the highlights of our interactions with them and how their ability, dedication and patriotism have advanced the cause of justice in our dear nation. Their service on the apex court show clearly how much they believed in the capacity of our institution to bring peace and progress and how the law can be used to correct wrong and advance good.
The correction and straightening of constitutional directions remained your focus. The supervision of Superior courts was done with your keen attention. The correction of each misstep of law through appeals never left your hawkish attention.
We remember with admiration Professor Kotey’s opinion in the Consolidated Suits of National Democratic Congress vs. Attorney General and Electoral Commission, Mark Takyi-Banson v. Electoral Commission of Ghana and Attorney-General writs No. J1/9/2020 and J1/12/2020. And also Nii Ahinquaso Badoo & Others vs. Nii Tettey Okpe III and Others – writ No J4/59/2021 delivered 12th July, 2023.
For HL Nene Amegatcher we remember his authorities of the opinion of this court in Ghana Center for Democratic Development & Others vs. Attorney General & Others – writ J1/01/2022 which settled the power of Presidential directions regarding the Auditor General. Again, Atuguba and Associates vs. Scipion Capital (UK) Ltd and Another 2019 Gha SC 18 (3rd April 2019) which settled boundaries of the omnibus ground of appeal. We cannot thank them enough. The Judicial Service of Ghana is grateful. Your country is grateful.
Men and women like Justice Nene Amegatcher and Justice Nii Ashie Kotey, serving dutifully and often without celebration at such a sensitive level of our national project are a living challenge to all of us. As we say goodbye to their work on the bench today, I wish all of us to focus on the message that is sent to us by their courageous service. For us in the Judiciary, our work is so directly linked to the very survival of our Republic that it is impossible to approach it without the sense of patriotism that Justices Amegatcher and Ashie Kotey so ably exuded and demonstrated in their commitment to the law as over several decades.
In our ever changing world, where now the actions of the media and activists – good and bad – permeate the halls of justice and can even mediate the way in which the public perceives us, it can be even more exhausting for us on the Bench. In good faith, we approach our work with only the law and the facts to guide us. Often, however, our actions are misunderstood and misrepresented and public opprobrium may result. However, with stout hearts such as our colleagues have, we cannot be downhearted or discouraged. We soldier on with clear conscience and the love of our nation in our hearts.
This is the example that we received from Justices Amegatcher and Professor Nii Ashie Kotey. Each of them was bulwark against the disintegration of our nation. We must never forget that. And we must, every single day, act under the influence of that solemn task.
To Justices Amegatcher and Ashie Kotey, I want to extend again our heartfelt gratitude and congratulations for your distinguished service. You will continue to be shining examples to all of us left in the Service. I join all your colleagues in wishing you a wonderful, healthy and fulfilling retirement. I have every hope that you will find ways during your retirement to continue serving your nation and to be helpful to your colleagues still in the Service. May God bless you and your families and may he keep you in His sights for the rest of your many more years on earth.
Thank you all for coming.
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