Former CJs Defend Torkornoo At Committee Trial

BY Nadia Ntiamoah 

In a remarkable display of legal prudence, two former Chief Justices of Ghana, Justice Sophia Akuffo and Justice Kwasi Anin Yeboah, along with other prominent jurists, have voluntarily appeared before the five-member Article 146 Committee to testify in support of the suspended Chief Justice Gertrude Esaaba Sackey Torkornoo.

Sources close to the committee confirmed the testimonies, which aim to counter allegations that have been cited as justification for her temporary removal.

Among the distinguished legal minds who appeared were Justice Jones Dotse, a retired Justice of the Supreme Court, Nana Dr S.K.B. Asante—a senior statesman, lawyer, jurist, and Paramount Chief of Asante Asokore, and Samuel Okudzeto, a veteran lawyer with over 65 years at the bar and former member of the Council of State.

Additionally, the Executive Committee of the Ghana Bar Association (GBA), led by Bar President Efua Ghartey, Vice President Victoria Nana Ama Barth, and Executive Secretary Kwaku Gyau Baffour, presented records corroborating the Chief Justice’s administrative actions, particularly her recommendations for Supreme Court appointments.

The testimonies revealed that the Chief Justice had recommended five judges for the Supreme Court following comprehensive research by the Judiciary, the Attorney General’s office, and the Ghana Bar Association.

President John Dramani Mahama subsequently appointed seven judges to the Supreme Court within seven months. Legal experts emphasized that such administrative decisions are customary responsibilities of the Chief Justice.

Voluntary Appearances and Timing

All witnesses appeared voluntarily, without subpoenas, at the Chief Justice’s request.

They presented evidence between Monday, 4th August 2025, and Monday, 18th August 2025, reinforcing her position before the committee.

Chief Justice Torkornoo herself has been testifying since Monday, 18th August 2025, refuting all allegations leveled against her.

The committee is expected to conclude its work and submit a report to the President shortly.

Corroboration and Constitutional Context

Nana Dr S.K.B. Asante testified that Article 146 of the 1992 Constitution does not provide grounds for removing a Chief Justice based on trivial matters, such as personal travel.

Rather, the Article specifies removal only when a Chief Justice is demonstrably unable to perform the duties of the office.

Former Chief Justices Akuffo and Anin Yeboah further corroborated that travel benefits and the assignment of cases are standard administrative privileges inherent in the office.

Senior jurists appearing before the committee also questioned the procedural irregularities in the hearings.

Among the concerns raised were the absence of the committee’s prima facie findings and failure to clearly define the specific issues under consideration—steps that legal experts say are fundamental under Article 146 and the Constitution.

Background of Suspension

Justice Torkornoo was suspended from office on 22 April 2025 by President Mahama, following consultation with the Council of State on three petitions seeking her removal.

The first petition, submitted on 14 February 2025, came from an unregistered group calling itself Shining Stars of Ghana.

The second petition, also dated 14 February 2025, was submitted by ACP Ayamga Yakubu Akolgo regarding Supreme Court proceedings in which Justice Pwamang was involved.

The third petition, submitted on 17 March 2025 by Daniel Ofori, listed 21 allegations of misbehavior and four of incompetence, primarily related to the Chief Justice’s administrative functions.

Committee Composition

The five-member Article 146 Committee is chaired by Justice Gabriel Scott Pwamang, currently one of the most senior Supreme Court judges.

Its other members are Justice Samuel Kwame Adibu-Asiedu, former Auditor-General Daniel Yaw Domelevo, Major Flora Bazwaanura Dalugo of the Ghana Armed Forces, and Associate Professor James Sefah Dzisah of the University of Ghana.

The testimonies of former Chief Justices, legal luminaries, and the Ghana Bar Association emphasize that the allegations against Justice Torkornoo do not constitute valid grounds for removal under the Constitution.

However, as the committee prepares its final report, attention remains focused on whether procedural lapses and constitutional safeguards will influence the outcome of this high-profile investigation.

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