In an extraordinary shake-up at the highest echelon of Ghana’s judiciary, President John Dramani Mahama has suspended the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, pending an official investigation into three separate petitions lodged against her.
The move, which has sent shockwaves through legal and political circles, marks a critical moment in Ghana’s constitutional democracy.
Prima Facie Case
According to a statement issued by the Presidency and signed by Minister for Government Communications and Presidential Spokesperson, Felix Kwakye Ofosu, the President acted “by Article 146(6) of the Constitution and consultation with the Council of State.”
The statement declared that a “prima facie case has been established in respect of three petitions against the Chief Justice.”
The nature of the petitions has not yet been made public, but the President’s decision to invoke Article 146—reserved for the removal of superior court justices—suggests serious allegations requiring judicial scrutiny.
Independent Committee to Probe Allegations
In line with constitutional protocol, President Mahama has constituted a five-member committee to probe the petitions. The committee comprises:
1. Justice Gabriel Scott Pwamang, Justice of the Supreme Court – Chairman
2. Justice Samuel Kwame Adibu-Asiedu, Justice of the Supreme Court – Member
3. Daniel Yaw Domelevo, former Auditor-General – Member
4. Major Flora Bazwaanura Dalugo, Ghana Armed Forces – Member
5. Professor James Sefah Dzisah, Associate Professor, University of Ghana – Member
Describing the panel, the statement noted: “The President has consequently, established a committee in compliance with Article 146(6) of the Constitution and in consultation with the Council of State… to inquire into the petitions which have been referred to them.”
Chief Justice Suspended
Further emphasizing the gravity of the matter, the President has exercised his constitutional prerogative under Article 146(10) to suspend Chief Justice Torkornoo until the committee completes its inquiry.
“Under Article 146(10) of the Constitution and by the advice of the Council of State, the President has by a warrant, suspended the Chief Justice with immediate effect pending the outcome of the committee’s proceedings,” Kwakye Ofosu announced.
Judiciary in the Spotlight
This suspension is not the first time a Chief Justice has faced scrutiny, but it is the first under Mahama’s second presidency.
Justice Torkornoo, who was appointed in 2023 by former President Nana Addo Dankwa Akufo-Addo, had become a symbol of judicial reform and was known for championing digitization and transparency in the courts.
Her tenure has not been without controversy, however, with critics accusing her of selective justice and administrative overreach.
The unfolding episode revives memories of the 2013 removal of the then-Chairperson of the Electoral Commission, Charlotte Osei, under similar constitutional provisions.
It also raises questions about judicial independence and the separation of powers under the Fourth Republic.
Awaiting the Outcome
As the committee begins its work, many are watching closely to see whether the process will be marked by fairness and transparency, or deepen existing fissures in Ghana’s justice system.
Meanwhile, political analysts speculate on the broader implications of the decision, particularly with general elections looming in 2028.
Her Ladyship Justice Gertrude Torkornoo has yet to issue a public response to the suspension.
