By Grace Zigah
The decision by President John Dramani Mahama to remove Chief Justice Gertrude Araba Esaaba Sackey Torkornoo from office has triggered outrage from the Minority in Parliament, who have described the move as a grave assault on Ghana’s democratic fabric.
On Monday, September 1, 2025, the President signed a warrant dismissing Justice Torkornoo from her role as Chief Justice and Justice of the Supreme Court.
The action followed the recommendations of a five-member committee of inquiry constituted under Article 146 of the 1992 Constitution, which found her guilty of “stated misbehaviour.”
But the Minority Leader, Alexander Afenyo-Markin, has questioned both the procedure and the motives behind the removal.
Speaking to journalists during the Akwatia by-election, he argued that the process was flawed.
“You claim you have three charges against the Chief Justice; you conclude on one and then dismiss her without addressing the remaining two. Is that how justice is done? We are mourning democracy in Ghana,” Afenyo-Markin declared.
Ayikoi Otoo Defends Torkornoo
Former Attorney-General, Joseph Nii Ayikoi Otoo, also waded into the controversy, insisting that Justice Torkornoo did nothing unlawful to warrant removal.
According to him, the per diem allowances she received for trips with her husband and daughter were part of established judicial entitlements, determined by administrators and not by the Chief Justice herself.
“She only indicated her intended travel destination; the officers processed the entitlements in line with policy. This was not new. It has been done for other Chief Justices before her. If the committee thought there was an irregularity, it was for auditors to recommend a surcharge—not a ground for removal,” Otoo said.
He further accused the Pwamang-led committee of ignoring the judiciary’s travel policy, which explicitly allowed the Chief Justice to travel with a companion of her choice if not accompanied by a spouse.
Mahama’s Justification
The Presidency, however, insists that Mahama acted strictly within the constitutional framework.
A statement signed by the Minister of Government Communications cited Article 146(9), which binds the President to act in accordance with the committee’s recommendation once misbehaviour is established.
The inquiry, chaired by Supreme Court Justice Gabriel Scott Pwamang, included former Auditor-General Daniel Domelevo, Major Flora Dalugo of the Ghana Armed Forces, and Professor James Dzisah of the University of Ghana.
After months of hearings, the panel concluded that Justice Torkornoo unlawfully expended public funds on personal trips, abused discretionary powers in judicial postings, and interfered in Supreme Court nominations.
Chief Justice Under Siege
Justice Torkornoo, who became the 15th Chief Justice in June 2023, had been no stranger to controversy.
In 2024, Professor Stephen Kwaku Asare filed a petition against her over irregularities in judicial administration, though it was dismissed under then-President Akufo-Addo.
Her troubles deepened in 2025 when three petitions were filed under President Mahama’s watch.
The Ofori petition, which was upheld, formed the basis for the committee inquiry that eventually led to her removal.
She fought back through the courts, seeking injunctions and reviews to stop the proceedings, but both the Supreme Court and High Court dismissed her suits, ruling that the constitutional process could not be halted.
At a fiery press conference in June, she described the inquiry as “politically motivated and unconstitutional,” but vowed not to resign under pressure.
Political Undertones
The Minority has likened the development to the 1963 dismissal of Chief Justice Sir Arku Korsah under President Kwame Nkrumah, warning that it undermines judicial independence.
“This is nothing short of a judicial coup. It sends a dangerous signal that the executive can bully the judiciary into submission,” Afenyo-Markin said.
The ruling National Democratic Congress (NDC), however, has defended the action as a necessary step to protect the integrity of the judiciary.
Party insiders suggest the President may nominate a northerner as Torkornoo’s replacement, a move that could further inflame political debate.
Critics also point to Mahama’s 2023 comments about appointing “NDC-friendly judges” as evidence that the removal is part of a broader plan to tilt the judiciary in the ruling party’s favour.
Historic First
Justice Torkornoo’s dismissal marks the first time in the Fourth Republic that a Chief Justice has been removed from office.
For some, it represents constitutional accountability in action; for others, it is a troubling precedent that weakens democratic checks and balances.
