President Mahama has placed Chief Justice Gertrude Torkornoo on leave due to petitions for her dismissal
In a major development in Ghana’s judicial system, President John Dramani Mahama has suspended Chief Justice Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo. The suspension follows the establishment of a five-member committee to investigate three petitions alleging “stated misbehaviour” against the Chief Justice, in accordance with Article 146 of the 1992 Constitution.
The Suspension and Committee Formation
The suspension of Justice Torkornoo was made known to the public on Tuesday, 22nd April 2025 through a press release issued by Felix Kwakye Ofosu, the minister of state in charge of government communications and media relations. Following deliberations with the council of state, it was concluded that a prima facie case had been made against the Chief Justice as a result of the petitions.
As stated in Article 146(10) of the Constitution, President Mahama has issued a warrant for the immediate suspension of Justice Torkornoo. This suspension will not be lifted until the committee completes its investigation.
The investigative committee under Article 146(6) is chaired by the sitting Justice Gabriel Scott Pwamang of the Supreme Court and is composed of:
Samuel Kwame Adibu-Asiedu also a judge at Supreme Court.
Mr. Daniel Yaw Domelevo , former Auditor-General.
Major Flora Bazaanura Dalugo, who stands for the Ghana Armed Forces.
Professor James Sefah Dzisah is an associate professor at the University of Ghana.
Acting Chief Justice Appointed
After Justice Torkornoo’s suspension, Justice Paul Baffoe-Bonnie was appointed the acting Chief Justice. Justice Baffoe-Bonnie, who was appointed to the Supreme Court bench in June 2008, is the most senior Justice serving on the Supreme Court presently. His appointment is consistent with Article 144(6) of the 1992 Constitution, which requires the most senior Justice to act as the Chief Justice when the office is vacant or the Chief Justice cannot execute the functions of office.
Legal Framework Governing Removal of Justices
According to Article 146 of the 1992 Constitution, the removal of the Chief Justice or any other Superior Court Justice is a serious matter that must follow a strict process. The Constitution provides that: A petition should be submitted, claiming the misconduct or inability to perform duties efficiently.
Upon getting the said petition, the President, after consulting the Council of State, may think fit to refer the matter to the Supreme Court.
After a prima facie case has been made, a commission is appointed by the President to investigate the charges. The commission is made up of two Justices of the Supreme Court, one of whom acts as chairman, and three other individuals who are not connected to any political party.
Proceedings related to these petitions are conducted in camera, which ensures confidentiality throughout. The judge in question is entitled to a defense, either personally or through a legal representative.
What Happens Next?
The fresh committee will now explore the petitions’ specifics to ascertain if there is enough proof to suggest Justice Torkornoo’s removal from office. Their report will shape President Mahama’s ultimate ruling.
In the meantime, it is worth noting that the Lady Justice Torkornoo retains the right to present her defense during the probe and in the event the Committee concludes that the removal is unwarranted, the suspension can be revoked at any time as stated in Article 146(11).
Public Reaction and Implications
These actions by the President have inspired conversations about transparency and accountability which are crucial in a country such as Ghana where corruption among public officials is widespread. The details of the complaints will remain unknown, as prescribed by law, however, there is a call for judgements to be made in the spirit of due process while being balanced with the need to maintain public confidence.
The rapid response from President Mahama demonstrates that his government has a dedication to confronting questions concerning governance and the legal system. Yet, it is apparent to experts that the findings of the tribunal will probably have a considerable effect on the concept of equity and the rule of law.
Conclusion
As Ghana waits for further developments, this situation shows how essential executive authority is in Ghana’s governance. Whether or not the Judge is removed from her position or reinstated will be determined by the committee, which will be partially in the limelight, the process will be detailed.
Stay tuned for updates on this unfolding story.
What are your thoughts on this development? Do not hesitate to share your thoughts in the comment section below.
