Why Chief Justice Torkornoo was removed from office

President John Dramani Mahama has removed Chief Justice Gertrude Araba Esaaba Sackey Torkornoo from office, following the recommendation of a five-member committee set up under Article 146 of the 1992 Constitution.

The removal, formalized by a Warrant of Removal under the Presidential Seal, took effect immediately and also ended her tenure as a Justice of the Supreme Court.

The action stemmed from a petition dated March 17, 2025, filed by Ghanaian citizen Mr. Daniel Ofori, who accused the Chief Justice of misconduct and “stated misbehaviour.”

After receiving her response and advice from the Council of State, the President determined that a prima facie case existed, triggering the constitutional procedure for removal under Article 146(6).

The Committee and Its Work

In consultation with the Council of State, President Mahama established an investigative panel chaired by Justice Gabriel Scott Pwamang of the Supreme Court. Other members included:

Justice Samuel Kwame Adibu Asiedu (Supreme Court Justice)

Daniel Yaw Domelevo (former Auditor-General)

Major Flora Bazaawaanuba Dalugo (Ghana Armed Forces)

Professor James Sefe Dzisah (University of Ghana)

After a full inquiry, the committee concluded that the Chief Justice’s actions amounted to “stated misbehaviour” under Article 146(1).

Key Findings

The committee’s report highlighted three main areas of concern:

Unlawful expenditure of public funds: Payment of travel expenses and per diem allowances for her husband and daughter during private trips in 2023, described as “avoidable and reckless dissipation of public funds.”

Abuse of discretionary power: Her handling of the transfer of one Mr. Baiden was deemed a breach of Article 296(a) and (b) of the Constitution.

Interference in judicial appointments: She was found to have attempted to bypass established processes for nominating Supreme Court Justices, contrary to precedent in the Ghana Bar Association case.

The committee unanimously recommended her removal under Article 146(7). Under Article 146(9), the President is bound to act once such a recommendation is made.

Accordingly, President Mahama revoked her appointment as Chief Justice and Justice of the Supreme Court.