The Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo, finds herself at the center of an escalating political and legal crisis.
Multiple petitions calling for her removal have been filed, prompting a formal investigation into allegations of misconduct and financial irregularities during her tenure.
President John Dramani Mahama, who has been vocal about the Chief Justice’s role in the judiciary, is now supporting her ousting.
This decision comes amid growing concerns surrounding 62-year-old Justice Torkornoo’s management of the judiciary and her alleged failure to adhere to established financial practices.
Financial Scrutiny
A leaked audit report detailing a series of irregularities within the judicial service has fueled the calls for Torkornoo’s dismissal.
Among the most glaring issues outlined in the report is an overpayment of GHS75,580.00 for a one-way ticket for Torkornoo and her spouse’s vacation to Tanzania.
The report notes, “The service paid an unjustified amount of GHS75,580.00 for one-way tickets of Ethiopia Airline for the Hon. Lady and the spouse during her vacation to Arusha, Tanzania. We recommended the recovery of the total amount.”
The document also reveals that judicial rental properties had not received rent payments amounting to GHS26,541.71 for the year 2023, despite being occupied by tenants.
Furthermore, the audit uncovered an exchange rate loss of GHS492,887.72 (USD $47,569.61) due to delayed payments for the purchase of 235 media chest freezers for retirees, a decision that further exacerbated concerns about financial mismanagement.
The most troubling revelation is that Torkornoo, along with her spouse, was granted an imprest of $14,000.00 for travel expenses to Tanzania, but this amount was not accounted for at the time of the audit.
The report states, “Our audit revealed that the service granted accountable imprest of $14,000.00 to the Honourable Lady Chief Justice Gertrude Torkonoo & spouse to travel to Arusha Tanzania for her annual vacation; however, the Honourable Lady failed to retire the amount as the time of our audit. We tasked the Judicial Secretary to ensure that the total amount of $14,000.00 is retired as soon as possible.”
Policy Violations
The audit also exposed serious breaches of the judiciary’s internal travel policies.
Former Chief Justice Kwasi Anin Yeboah, for instance, traveled to the United Kingdom in May 2023 with his spouse, violating the policy that mandates the Chief Justice be accompanied only by security personnel for personal trips.
Additionally, the audit revealed discrepancies in travel expenses for Torkornoo’s associates.
Miss Edem Sarah Amiga Torkonoo’s air ticket, meant to be business class, was instead upgraded to a “world travel plus business class” ticket, resulting in an extra charge of GHS9,552.00.
“We further noticed that Miss Edem Sarah Amiga Torkonoo’s air ticket, which is supposed to be business class just as that of the Hon. Lady Chief Justice, was rather the world travel plus business class, which resulted in an additional amount of GHS9,552.00 in her ticket cost,” the report stated.
These revelations have raised serious questions about the financial stewardship of the judiciary under Torkornoo’s leadership and, hence, the executive lapping on it to get at the Chief Justice.
The failure to adhere to both financial and policy guidelines has led to accusations of mismanagement and abuse of office.
Petitions for Removal
In light of the ongoing saga, multiple petitions have been filed calling for the Chief Justice’s ouster.
These petitions, reportedly backed by political factions including the ruling government, accuse Torkornoo of misconduct and failing to exercise proper financial oversight.
The political dimension of the situation cannot be ignored, as the National Democratic Congress (NDC), a key player in the current government, has expressed a desire to see CJ Torkornoo replaced with a northern candidate who is said to be providing the government with leaks.
The said northern candidate is desperately waiting for the suspension of the chief justice for him to step in as acting Chief Justice before confirmation as substantive.
In accordance with Ghana’s 1992 Constitution, President Mahama has referred these petitions to the Council of State for review, as outlined under Article 146.
This sets in motion a formal investigation into the allegations.
As part of the constitutional process, the Chief Justice is entitled to respond to the charges made against her.
However, CJ Torkornoo has raised concerns about her right to due process.
CJ Requests Copies of Petitions
In a bid to safeguard her legal rights, Justice Torkornoo has formally requested copies of the three petitions seeking her removal.
In a letter dated March 27, 2025, addressed to President Mahama and key legal bodies, the Chief Justice, Gertrude Torkornoo expressed concern that, despite the President’s announcement of receiving the petitions and forwarding them to the Council of State, she had not yet been provided with the contents of these documents.
The Chief Justice’s letter emphasized the constitutional principle of due process, stating, “I am requesting copies of the petitions so I can adequately respond to the charges against me.”
President has accepted her request by giving her 10days to answer the charges.
This call for transparency reflects her belief in the legal principle that no decision impacting a person’s rights should be made without informing them of the charges and providing an opportunity for a fair response.
Her insistence on receiving the petitions aligns with the “audi alteram partem” rule, a fundamental concept of natural justice that is enshrined in both Ghana’s Constitution and the broader framework of common law.
By Daniel Bampoe
