President Mahama Suspends Chief Justice Gertrude Torkornoo
In a decision that has shaken Ghana's political and judicial landscape, President John Dramani Mahama suspended Chief Justice Gertrude Araba Esaaba Sackey Torkornoo. The suspension follows the filing of numerous petitions of misconduct and abuse of office, calling for a constitutional process to investigate further.
The action conforms to Article 146 of the 1992 Constitution of Ghana, which outlines the process for the removal of a Justice of the Superior Court, including the Chief Justice. The law requires that when the petition for the removal is made, the President advises the Council of State. If a prima facie case is established, a committee must be formed to investigate the case, and the concerned Justice can be suspended until the investigation is over.
President Mahama, following the recommendation of the Council of State, suspended the Chief Justice after concluding that the threshold had been met for investigation. Suspension of the Chief Justice is not a presumption of guilt, but merely a temporary step to enable an independent investigation by the committee appointed.
Chief Justice Torkornoo, who was sworn in in June 2023, has been a prominent judge in Ghana's judiciary. Her decades-long career as a lawyer and her elevation to the nation's highest court were seen by many as a beacon of judicial reform and integrity. Recent petitions, however, have cast a shadow over her tenure, sparking a wide array of public reactions.
The contents of the petitions are confidential, but they are reported to contain allegations of administrative abuse, bias in judicial appointments, and other so-called violations. The Chief Justice, through her attorneys, has filed a formal response to the charges, denying them and requesting a transparent and equitable process.
Her suspension has elicited mixed responses across the political spectrum. The President's allies are of the view that the move is a necessary step to uphold constitutional accountability and public confidence in the judiciary. Others view the suspension as politically driven and a potential threat to judicial independence.
Legal experts have spoken out, reiterating the need for due process. Many have urged that the constitutional process should not be politicized for partisan gains, and that the inquiry, wherever it is launched, should be done with utmost fairness. Others have cautioned that the outcome of this inquiry might set a precedent for the manner in which the executive and judiciary interact in the future.
The Ghanaian judiciary is also following the process very keenly. There have been calls from some lawyers and ex-judges for caution, warning that the suspension of an in-situ Chief Justice—whilst as constitutionally warranted—should be done with care not to damage long-term the credibility of the judiciary.
In her response to the petitions, Justice Torkornoo scolded what she referred to as a "premature and public" uploading of the documents on social media, prior to the President making his first reading. She appealed to the public and media to allow the constitutional process to take its course without unwarranted speculation or interference.
Meanwhile, the President has established a special inquiry committee to probe the allegations. The committee is required to act independently and report back within a reasonable timeframe. Based on the findings, the process may result in reinstating or formally removing the Chief Justice from office.
As the investigation continues, the majority of Ghanaians are thinking about the larger issue of the case. Not only is the professional life of one of the country's most senior judicial figures on the line, but the credibility of Ghana's democratic institutions as well. Whether this will be seen as a success of constitutional decency or a blow to judicial independence will depend on how openly and fairly the proceedings are carried out.
Where the outcome is uncertain, Chief Justice Torkornoo's suspension is one of the milestones in Ghana's democratization process that supports the delicate balancing act of keeping authorities in line while maintaining institutional integrity.
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