On April 22, 2025, President John Dramani Mahama wielded his constitutional authority to suspend Chief Justice Gertrude Torkornoo in response to three petitions alleging misconduct and incompetence. Acting on advice from the Council of State, Mahama determined that a prima facie case existed and issued an immediate suspension warrant—marking the first such move since the Fourth Republic began.
The Build‑Up: Petitions, Responses, and Deadlines
In late March 2025, three petitions landed on the President’s desk, accusing Chief Justice Torkornoo of procedural irregularities, questionable practice directions, and lapses in case assignments. Under Article 146(3) of the 1992 Constitution, Mahama forwarded the petitions to the Chief Justice for comment, granting her the statutorily mandated ten days. She duly filed her written defense on April 7, setting the stage for the suspension order. Notably, she had survived an earlier removal petition—dismissed for technical deficiencies—underscoring the gravity of this latest challenge.
Constitutional Machinery: Article 146 Unpacked
The removal process for a superior court judge is stated in Article 146 of Ghana’s Constitution. First, the President consults the Council of State; second, if a prima facie case is found, he may suspend the judge and appoint a five‑member committee to probe the allegations. This “inquiry panel” must include at least two Supreme Court justices, one person who has held high public office, and two respected private citizens—ensuring a cross‑section of legal, public service, and academic expertise. The panel’s findings, whether recommending exoneration or removal, are forwarded back to the President and Parliament for final action.
The Tribunal: Who’s on the Panel?
President Mahama tapped a mix of jurists, reform‑minded officials, and academics:
- Justice Gabriel Scott Pwamang – Supreme Court Justice and panel chairman
- Justice Samuel Kwame Adibu‑Asiedu – Supreme Court Justice known for election‑petition rulings
- Daniel Yaw Domelevo – Former Auditor‑General famed for anti‑corruption crusades
- Major Flora Bazwaanura Dalugo – Senior Ghana Armed Forces officer, bringing disciplined oversight
- Professor James Sefah Dzisah – Associate Professor of Constitutional Law, University of Ghana
Their mandate is to work on camera, review evidence, hear oral submissions, and decide whether Torkornoo’s conduct meets the threshold for removal.
Voices in the Fray: Debate and Dissent
- Alfred Tuah‑Yeboah, former Deputy AG, cautioned that the Council of State’s advice risked executive overreach into the judiciary.
- Professors Kwamena Ahwoi and Appiagyei‑Atua urged clarity on suspension timing to preserve due process.
- The New Patriotic Party called on judges to stand together against what it termed a politically motivated move while urging the Ghana Bar Association to speak out.
- Samuel Gyamfi, NDC spokesman, lauded the suspension as a testament to constitutional fidelity, arguing no one is above scrutiny.
Holding the Gavel: Acting Leadership
With Torkornoo sidelined, veteran jurist Paul Kwadwo Baffoe‑Bonnie—renowned for his election petition rulings—has been tipped to serve as acting Chief Justice until the panel reports. He faces the dual challenge of managing urgent case backlogs and upholding the judiciary’s integrity.
What Lies Ahead: Timelines and Outcomes
The inquiry panel may take weeks or months to conclude. If it clears Torkornoo, she could be reinstated—though the interruption may spark calls for compensation or raise questions about backlog management. A recommendation for removal would escalate to Parliament, potentially reshaping Ghana’s checks and balances in ways not seen since 1992.
Closing Thoughts
Ghana stands at a crossroads: balancing judicial independence with accountability. As the committee convenes behind closed doors, citizens and legal circles await its verdict, keenly aware that its findings will set a lasting precedent for how the country treats its highest judges. Stay tuned for updates as this historic inquiry unfolds.
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