16 hours ago
Following the determination of a prima facie case in the three petitions asking for the removal from office of Chief Justice Gertrude Sackey Torkornoo, President John Dramani Mahama has suspended her and set up a five-member committee to inquire into the petitions.
Justice Gabriel Scott Pwamang, a Justice on the Supreme Court bench, is in charge of the committee. Justice Pwamang was appointed to the Supreme Court bench in 2015.
Other members are Justice Samuel Kwame Adibu-Asiedu, also a Justice on the Supreme Court bench, who was appointed in 2022.
The former Auditor-General Mr. Daniel Yaw Domelevo, Major Flora Bazaanura Dalugo from the Ghana Armed Forces (GAF), and Associate Professor Professor James Sefah Dzisah from the University of Ghana round out the committee's five members. Following Justice Torkornoo's suspension, Justice Paul Baffoe is acting Chief Justice. Bonnie is Justice Baffoe. In the interim, a Justice of the Supreme Court, Justice Paul Baffoe-Bonnie, will be the acting Chief Justice following the suspension of Justice Gertrude Sackey Torkornoo.
Justice Baffoe-Bonnie is the Supreme Court's most senior justice and was appointed to the bench in June 2008. His role as the acting Chief Justice is in line with Article 144(6) of the 1992 Constitution, which stipulates that the most senior Justice on the Supreme Court will act as Chief Justice if the position of Chief Justice becomes vacant or the substantive Chief Justice is unable to perform his or her functions.
There are three petitions asking that Chief Justice Gertrude Torkornoo should be removed from office for "stated misbehaviour" in line with Article 146 of the 1992 Constitution.
After receiving the petitions, President John Dramani Mahama forwarded them to the Council of State for assistance in establishing a prima facie case. The petitions' contents are not made public. The constitution of 1992 mandates that all petition-related proceedings be conducted behind closed doors, so the petition's contents have not been made public. Removal of Justices of Superior Courts and chairmen of Regional Tribunals
When a petition is filed for the removal of the Chief Justice, clause 6 of Article 146 of the 1992 Constitution, which deals with the removal of Justices of the Superior Courts, states that the President shall, in consultation with the Council of State, appoint a committee consisting of two Supreme Court Justices, one of whom shall be appointed chairman by the President, and three other individuals who are not members of the Council of State, members of Parliament, or lawyers. The petition will be investigated by the committee established in accordance with clause (6) of this article, and it will be recommended to the President if the Chief Justice should be removed from office. In addition, clause 8 states that all proceedings under this article will take place behind closed doors, and the Justice or Chairman against whom the petition is filed has the right to have a lawyer or other expert of his choice testify on his behalf. "In each case, the President shall act in accordance with the committee's recommendations." "Where a petition has been referred to a committee under this article, the President may - (a) in the case of the Chief Justice, acting in accordance with the advice of the Council of State, by warrant signed by him, suspend the Chief Justice;
"(b) in the case of any other Justice of a Superior Court or of a Chairman of a Regional Tribunal, acting in accordance with the advice of the Judicial Council, suspend that Justice or that Chairman of a Regional Tribunal.
"(11) The President may, at any time, revoke a suspension under this article," it adds in clause 11.
Suspension of Justice Torkornoo by President Mahama
Following that, Felix Kwakye Ofosu, the Minister of State in charge of Government Communications, issued a press statement on Tuesday afternoon, April 22, 2025, stating that the three petitions against Chief Justice Torkornoo have been determined to have a prima facie case in consultation with the Council of State. "The President has consequently established a committee in compliance with Article 146(6) of the Constitution and in consultation with the Council of State, with the following composition to inquire into the petitions which have been referred to them.
A copy of the presidential press release is attached below. President Mahama suspends Chief Justice after setting up committee to probe petitions
President John Dramani Mahama has, in accordance with Article 146(6) of the Constitution and in consultation with the Council of State, determined that a prima facie case has been established in respect of three petitions against the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo.
As a result, in accordance with Article 146(6) of the Constitution and after consulting with the Council of State, the President has set up a committee with the following members to investigate the petitions that have been referred to them. 1. Chairman of the Supreme Court, Justice Gabriel Scott Pwamang 2. Justice Samuel Kwame Adibu-Asiedu, Justice of the Supreme Court - Member
3. Former General Auditor Daniel Yaw Domelevo is a member. 4. Major Flora Bazaanura Dalugo is a member of the Ghana Armed Forces. 5. Professor James Sefah Dzisah (Associate Professor, University of Ghana) Member
In accordance with the recommendations of the Council of State and in accordance with Article 146(10) of the Constitution, the President has ordered the Chief Justice to be suspended immediately pending the committee's findings.
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