Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, the highest-judicial official in Ghana, was suspended on 22 April 2025 by President John Dramani Mahama, following the submission of three petitions alleging misconduct. These petitions, reviewed by the Council of State, were deemed sufficient to establish a prima facie case, triggering the formation of a five-member investigative committee under Article 146 of Ghana’s Constitution.
Claims of a Flawed Process
In her first public address on 25 June 2025, suspended Chief Justice Torkornoo strongly criticized the removal process:
- She described it as opaque, unconstitutional, and politically motivated .
- She argued that every step violates constitutional rules and warned of “serious risk” to Ghana’s democracy.
- Asserting that resignation would imply acceptance of a “flawed” process, she stated: “If I resign under these circumstances, I will be saying that this flawed… process is acceptable”.
Respecting the Suspension — But Not the Process
Although Torkornoo says she chose to respect the suspension order, she firmly believes it lacks constitutional basis and that due process has been violated . She maintains no credible evidence supports the petitions, referencing her decades-long career free of corruption.
Controversy and Legal Challenge
The suspension has stirred public debate and political tension. Critics—including major opposition figures—claim the president is interfering in the judiciary , while the presidency insists all steps were taken legally under Article 146.
Torkornoo has filed an injunction in the Supreme Court, seeking to stop the committee and block the removal process on grounds of violating her rights.
What Comes Next?
- A five-member committee, including two Supreme Court justices and three external members, is currently reviewing the petitions .
- Justice Paul Baffoe-Bonnie is serving as Acting Chief Justice during the proceedings .
- If the committee finds Torkornoo guilty, President Mahama may remove her. Otherwise, she could be reinstated.
Why It Matters
- This is the first suspension of a sitting Chief Justice since the 1992 Constitution came into effect .
- The case has significant implications for the independence of Ghana’s judiciary, the separation of powers, and the public’s trust in legal institutions.
