President John Dramani Mahama has officially removed Chief Justice Gertrude Araba Esaaba Sackey Torkornoo from office, effective immediately.
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This decision, issued under Article 146(9) of Ghana’s 1992 Constitution, follows a formal recommendation from a constitutionally mandated inquiry committee.
Constitutional Process at the Forefront
The removal stems from a petition filed by a citizen, Mr. Daniel Ofori, who lodged claims of misbehaviour against the Chief Justice. Per constitutional provisions, the matter was assigned to a five-member Committee of Inquiry under Article 146(6). The committee, chaired by Justice Gabriel Scott Pwamang, was tasked with conducting a thorough and impartial investigation into the allegations.
Over several months, the committee proceeded with hearings held in camera—ensuring confidentiality while maintaining procedural integrity. Mr. Ofori presented his case through 13 witnesses, while the Chief Justice defended herself with 12 witnesses, including experts. A staggering 10,000 pages of documents were examined before the committee reached its conclusion.
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After careful analysis, the panel determined that the allegations of stated misbehaviour were substantially proven under Article 146(1). Consequently, they recommended that the Chief Justice be removed from her position. Under Article 146(9), the President is constitutionally obliged to act on such recommendations—leading to today’s decision to remove her from office.
Transition and Leadership Succession
Chief Justice Torkornoo was suspended on April 22, 2025, following the establishment of a prima facie case for removal. During her suspension, Justice Paul Baffoe-Bonnie—the most senior Supreme Court judge—assumed the role of acting Chief Justice.
Today’s removal formalizes a transition in Ghana’s judicial leadership. President Mahama’s official communication, delivered by his spokesperson, assured that the process was carried out “in strict adherence to constitutional requirements,” with fairness afforded to both parties.
Implications for the Judiciary and Constitutional Order
This development represents a pivotal moment for Ghana’s judiciary, testing both the resilience of constitutional mechanisms and the principle of judicial independence. While the removal may raise concerns about potential political influence, supporters argue it reflects the rule of law at work—demonstrating that no official is immune from accountability.
Meanwhile, critics question whether such high-stakes constitutional proceedings could undermine the perceived autonomy of the Supreme Court. The judicial community is now looking to maintain stability while ensuring the integrity of the legal system remains steadfast.
As Chief Justice Torkornoo exits office, attention turns to the selection of her successor. Under Ghana’s constitutional and judicial tradition, the President must consult with the Council of State before nominating a new Chief Justice. Parliamentary approval will then be required for the nominee to assume the post officially.
Observers anticipate a robust vetting process, with the public and legal stakeholders watching closely to ensure that transparency and merit-based selection guide the new appointment.
The removal of Chief Justice Gertrude Torkornoo by President Mahama under Article 146 underscore Ghana’s commitment to constitutional governance and accountability. This rare and solemn action highlights the nation’s legal hallmarks and reaffirms that even the highest officials are not above the law.
As the country progresses through this sensitive transition, the focus remains on safeguarding judicial independence, respecting due process, and preserving public confidence in the rule of law.
