BY Daniel Bampoe
Former Chief Justice Sophia Akuffo has openly criticized the decision by President John Dramani Mahama to remove Chief Justice Gertrude Araba Esaaba Sackey Torkornoo from office, describing the process as unfair, excessive, and damaging to the independence of the judiciary.
Speaking in an interview with TV3 on Tuesday, September 2, Justice Akuffo stated that Chief Justice Torkornoo was denied a fair hearing.
She argued that the constitutional removal process, though not strictly a trial, was conducted as though the Chief Justice had been standing before a court on charges of treason.
“She did not get a fair trial. Even though it is not a trial strictly speaking, it was handled as though it were a treason trial,” she remarked.
The former Chief Justice further maintained that the petitions and allegations that led to the formation of the inquiry committee did not meet the threshold required to justify such a severe outcome.
“The allegations lacked the gravity that would justify such a grave outcome as the removal of a Chief Justice,” she said.
Akuffo described the process as an ordeal that should never be repeated in the judiciary.
“I pray to God that no Chief Justice, no judge should go through this rigmarole again,” she noted, adding that in her candid opinion, the action had “weakened the institution of the judiciary.”
How The Removal Unfolded
Chief Justice Gertrude Torkornoo was officially removed from office on Monday, September 1, 2025.
The decision was announced in a statement issued by the Minister of Government Communications, who explained that the President had acted in accordance with Article 146(9) of the 1992 Constitution.
The statement said President Mahama had received the report of a five-member Article 146 Committee of Inquiry, which was established after three separate petitions were submitted earlier in the year calling for the Chief Justice’s removal.
The petitions alleged acts of stated misbehavior under Article 146(1) of the Constitution.
After determining that a prima facie case had been established, President Mahama suspended Justice Torkornoo on April 22, 2025, in consultation with the Council of State.
The Article 146 Committee
Following her suspension, the President constituted a five-member committee to investigate the matter, chaired by Supreme Court Justice Gabriel Scott Pwamang.
Other members included former Auditor-General Daniel Yaw Domelevo, Major Flora Bazaanura Dalugo of the Ghana Armed Forces, and Professor James Sefah Dzisah of the University of Ghana.
Justice Pwamang, while presenting the committee’s report to the President, stressed that the panel had followed its constitutional mandate strictly.
“Our remit under Article 146 Clauses (7) and (8) is to inquire into the petitions in camera, hear the person against whom the petitions have been brought in her defence—either by herself, a lawyer, or another expert—and then make a recommendation to the President,” he explained.
He added that although the three petitions all sought the same relief, each was considered on its individual merits.
Fallout and Reactions
The removal of Justice Torkornoo has sparked widespread debate.
The Government officials insist the President acted within constitutional bounds, stressing that under Article 146(9), he is obligated to follow the committee’s recommendation once misbehavior has been established.
However, critics such as Sophia Akuffo warn that the precedent could undermine the independence of the judiciary, exposing judges to political pressure and eroding public trust in the justice system.
