By Nadia Ntiamoah
The dismissal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo by President John Dramani Mahama has ignited fierce criticism from legal heavyweights, with former Chief Justice Sophia Akuffo and former Attorney General Joseph Ayikoi Otoo questioning the fairness of the process and warning of long-term damage to the judiciary.
On September 1, 2025, President Mahama announced that Justice Torkornoo had been removed from office with immediate effect after a five-member Article 146 Committee of Inquiry recommended her dismissal on grounds of “stated misbehaviour.”
The committee claimed that she misused public funds by claiming per diem allowances for herself and a companion during an overseas vacation.
Sophia Akuffo’s Warning
Reacting to the development, former Chief Justice Sophia Abena Akuffo said the removal was unjust and conducted in a manner that stripped Justice Torkornoo of fairness.
Speaking in an interview with TV3, she said the process was treated as though it were a treason trial.
“She did not get a fair trial. Even though it is not a trial strictly speaking, it was handled as though it were a treason trial,” Akuffo remarked.
She added that the allegations were not weighty enough to warrant such a consequential outcome.
“The allegations lacked the gravity that would justify such a grave outcome as the removal of a Chief Justice,” she stressed.
Former Chief Justice Akuffo, who served as Ghana’s 13th Chief Justice, warned that the ordeal had left lasting scars on the judiciary.
“I pray to God that no Chief Justice, no judge should go through this rigmarole again. My candid view is that this has weakened the institution of the judiciary,” she added.
Ayikoi Otoo Rejects Misconduct Claims
Ayikoi Otoo, who represented Justice Torkornoo before the committee, also condemned the decision.
Speaking on Joy News’ PM Express, he argued that the committee ignored clear judicial policies on entitlements and travel allowances.
“When these entitlements come, it is not for you to determine anything. You are only to indicate whether you want to travel, and then the officers responsible will process your entitlement,” Otoo explained.
He revealed that Justice Torkornoo had applied for vacation in Arusha, Tanzania, after which the Judicial Secretary and finance officers processed her allowances.
“What wrongdoing is that?” he questioned.
According to Ayikoi Otoo, the judiciary’s travel policy entitles a Chief Justice to travel with a companion of their choice, a provision that past Chief Justices had also used.
“There have been other Chief Justices who travelled with companions of their choice in line with the same rules. Why is it now being branded as misconduct?” he asked.
Committee Criticised Over Process
Ayikoi Otoo further argued that if there had been any irregularity, it should have been addressed by auditors rather than through dismissal.
“If something was wrongly allocated, that is why we have auditors. They are supposed to surcharge or recommend corrections. Removal from office over entitlements processed by others is excessive and unjust,” he said.
He expressed disappointment at former Auditor-General Daniel Domelevo, a member of the committee, for endorsing the decision despite having seen the judicial travel policy.
“I’m surprised Domelevo endorsed such a conclusion. He heard our presentations, he saw the travel policy, yet still joined in saying she misappropriated money. Which money exactly?” he asked.
Calls for Constitutional Reform
The controversy has also triggered calls for constitutional reforms.
Private legal practitioner Martin Kpebu insisted that the President’s powers under Article 144 of the 1992 Constitution to appoint and remove Chief Justices should be scrapped to safeguard judicial independence.
He further proposed that judicial misconduct be categorised to avoid minor administrative lapses being elevated to offences warranting removal from office.
A History of Executive–Judiciary Tensions
Justice Torkornoo’s removal adds to a long-running history of strained relations between the executive and the judiciary in Ghana.
While past attempts to petition for the removal of Chief Justices, including Georgina Theodora Wood, created political storms, they never succeeded.
