Barring any last minute change of mind, the embattled Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo, is set to be suspended today by President John Dramani Mahama, in what is rapidly becoming one of the most controversial executive actions in the nation’s Fourth Republic.
The expected announcement, according to multiple sources within the government and Council of State, will name an acting Chief Justice and initiate a formal investigation into a raft of allegations facing the current head of the Judiciary.
The move follows a recommendation from the Council of State, which reportedly voted to endorse the Chief Justice’s suspension just before the Easter break on Thursday, April 17, 2025.
The Council based its decision on three petitions forwarded by President Mahama, alleging misconduct in office by Justice Torkornoo.
The allegations include the unauthorized allocation of vehicles to retired judges, unaccounted auction proceeds, and questionable financial transactions under her administration.
Sources close to the Council proceedings confirm that a prima facie case was established, paving the way for the President to act, in line with constitutional procedures.
However, the process has drawn severe criticism due to claims of bribery, partisan manipulation, and a lack of due process.
A whistleblower, alleged that each Council of State member received a certain amount to vote in favour of suspending the Chief Justice.
The exception was former Chief Justice Sophia Akuffo, who the source said abstained from voting due to concerns over the constitutional and ethical implications of the move.
Further allegations suggest that Council members reached a memorandum of understanding with emissaries of the Mahama government.
Under this deal, members were allegedly promised lucrative government contracts as a reward for endorsing the Chief Justice’s removal.
The decision has not only triggered a constitutional crisis but also raised fears about political interference in the judiciary.
Legal experts and political commentators argue that if allowed to stand, this move sets a dangerous precedent, enabling future presidents to target independent institutions through politically motivated petitions.
Adding to the controversy is the fact that Chief Justice Torkornoo was not given a chance to respond to the allegations before the Council’s vote.
This omission has prompted strong condemnation from legal professionals and civil society groups, many of whom see the move as a breach of natural justice and fairness.
Insiders say that President Mahama will today unveil the name of the acting Chief Justice to oversee the judiciary while a committee is set up to investigate the claims against Justice Torkornoo.
The action, many believe, has been in the works since before the National Democratic Congress (NDC) returned to power in the 2024 elections.
Petitions submitted to the presidency were reportedly orchestrated by elements within the ruling party.
Critics argue that they lacked legal merit and were pushed through by a Council of State now seen as a rubber stamp for executive decisions.
Meanwhile, a legal challenge is underway. Vincent Ekow Assafuah, a Member of Parliament and lawyer, has filed for an injunction at the Supreme Court, seeking to halt the suspension.
The case will be heard on May 6, 2025, potentially delaying or even reversing the President’s decision.
–BY Issah Olegor
