The suspension of the Chief Justice, Gertrude Torkornoo, by President John Mahama has triggered a wave of legal and political debate, raising fresh questions about the balance of powers, the influence of political leadership over the judiciary, and the fragile line between constitutional adherence and political expediency.
Constitutionally Legal Move
President Mahama’s decision to suspend the Chief Justice on April 23, 2025, came after he received three separate petitions alleging misconduct. Citing Article 146(6) of the 1992 Constitution, the President determined a prima facie case had been made, and thus, was compelled to initiate a probe and suspend Justice Torkornoo pending its outcome.
A five-member investigative committee—comprising two Supreme Court judges, a retired Auditor-General, a military officer, and an academic—was immediately established.
Their task is to assess the merit of the petitions and determine whether the Chief Justice should be removed or reinstated.
Though constitutionally sanctioned, the move has been interpreted by some as politically motivated—an unsettling development for judicial independence in Ghana.
Okudzeto Warns of Dangerous Precedent
One of the most forceful warnings has come from veteran lawyer and former Council of State member, Sam Okudzeto.
While acknowledging the constitutional basis for the suspension, he believes the larger danger lies in the precedent it sets.
“When people are bent on someone, then you find out that other people will be writing petitions,” Okudzeto told TV3.
“Personally, I feel it’s a dangerous thing for any democracy when the public is allowed to target judicial officers without properly understanding the system.”
He added, “The President has the power to reinstate that person [the Chief Justice], but of course, I don’t see it happening in this case.”
Okudzeto’s concerns stem from experience.
He served on the Council of State during the Akufo-Addo administration, when a similar petition against Justice Torkornoo was dismissed.
“The Council of State [then] said it found no merit in the petition,” he noted. “It was recommended to be dismissed.”
The reemergence of petitions under the Mahama administration, in his view, is telling—and troubling.
The Presidency, however, has been quick to defend the process as a matter of constitutional duty, not political maneuvering.
“The President has not, by this step, said that the Chief Justice is guilty of any offense,” said Felix Kwakye Ofosu, Minister of State for Government Communications.
Speaking on The Pulse on JoyNews, he emphasized that the suspension simply allows for a fair and independent investigation.
He explained that after receiving the petitions, President Mahama asked the Chief Justice to respond.
Her responses were then reviewed alongside the allegations by the Council of State, which advised that further inquiry was warranted.
“The President has kept faith with the Constitution and done everything by the book,” Kwakye Ofosu insisted.
Legal Scholar Supports the Process—But Calls for Restraint
University of Ghana law lecturer, Prof. Kwadwo Appiagyei-Atua, echoed the legality of the President’s actions but urged Ghanaians to avoid politicizing the process.
“He hasn’t violated any law of the land,” Prof. Appiagyei-Atua said.
“So if we allow the committee to do its work as laid down by the Constitution, then I think what the President has done… is not against the Constitution.”
However, he warned that premature commentary and public judgment could undermine trust in the judiciary and democratic governance.
“The process should be allowed to be followed,” he said.
A Test of Institutions
The unfolding situation poses a serious test for Ghana’s constitutional institutions. While the framework for judicial accountability exists to protect the integrity of the bench, the use of this mechanism must be above reproach.
Legal observers fear that if used selectively or under political pressure, it could lead to a chilling effect on judicial independence.
Chief Justice Torkornoo, who has not yet spoken publicly about her suspension, remains at the center of this constitutional storm.
Whether the committee will clear her or recommend her removal remains uncertain.
But what is clear is that Ghana’s democracy is once again being called upon to prove that its laws are stronger than its politics.
–BY Daniel Bampoe
