By Daniel Bampoe
Suspended Chief Justice of Ghana, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, has filed a supplementary affidavit before the Supreme Court, alleging serious violations of her constitutional rights in the ongoing impeachment proceedings initiated by President John Dramani Mahama.
In a new twist to the already controversial inquiry, the Chief Justice details harrowing experiences during her appearance before the tribunal, including alleged mental torture and procedural irregularities.
“I Was Searched, My Phones Taken, and My Family Barred”
In her affidavit, Justice Torkornoo recounts how she was treated during the first closed-door hearing held at a high-security facility near the Osu Castle on May 15.
“I was subjected to a personal search,” she stated, adding, “my phones and laptop were confiscated, and my spouse and children were denied entry into the hearing room.”
Describing the experience as “mental torture,” the Chief Justice expressed dismay that, unlike previous impeachment inquiries involving justices, hers is being held in a facility associated with national security operations rather than within the judicial premises.
“This is highly irregular and unprecedented,” she emphasized, calling the relocation of proceedings an attempt to intimidate and humiliate her.
The 15-point affidavit, deposed on May 25, outlines harrowing allegations of inhumane treatment, procedural manipulation, and a targeted attempt to oust her from office in violation of her constitutional rights.
Justice Torkornoo opened the affidavit by declaring that the inquiry proceedings have resulted in “a complete desecration of my basic constitutional rights to a fair trial,” and subjected her to “inhuman and degrading treatment, of a kind not meted out to even accused persons on trial for treason.”
She called on the Supreme Court to intervene, stating unequivocally that the process amounts to “a mockery of justice and a ruse to unjustifiably remove me from office.”
Why a Fortress, Not a Courtroom
A major point of contention is the unusual venue selected for the hearings — a high-security zone within the Osu Castle complex. Justice Torkornoo noted that all prior impeachment hearings involving judicial officers were held at the Court Complex under the Judicial Service.
“The location of the proceedings in a cordoned high-security facility boggles the mind,” she said, adding that the move appears designed to intimidate and isolate her.
The Attorney General is urging the Supreme Court to strike out the supplementary affidavit.
Hearing for the case has been fixed for today at 9:30am.
Committee Flouting Court Process
Justice Torkornoo also accused the five-member tribunal of proceeding despite her notifying them of an ongoing legal challenge she has mounted at the Supreme Court.
“The committee fixed dates for hearings, completely disregarding my counsel’s request for scheduling adjustments,” she said.
Further raising eyebrows, the Chief Justice revealed that the tribunal had made a surprising procedural decision:
“The committee has decided that the petitioners themselves will not testify but will rather call third parties as witnesses.” She questioned the fairness and transparency of such an approach.
Legal Showdown at the Supreme Court
These claims are part of a broader lawsuit filed by the Chief Justice on May 21, in which she seeks to halt the impeachment process altogether.
Her application to the Supreme Court challenges both the composition of the tribunal and the legality of its proceedings.
She is demanding 16 specific reliefs, including a declaration that she is entitled to a public hearing.
“Judicial independence is under attack,” she warned, asserting that “this entire process is a calculated plot to remove me unjustifiably.”
She further asks for the disqualification of Justices Gabriel Pwamang and Samuel Kwame Adibu-Asiedu from the panel, citing alleged bias and a conflict of interest, following reports that the two were seen in a private meeting with one of the petitioners’ lawyers, Thaddeus Sory, and Supreme Court Justice Yonni Kulendi at a restaurant in Accra.
Justice Torkornoo was suspended by President Mahama on April 21, 2025, following three separate petitions alleging misconduct and incompetence.
The petitions, filed by the pressure group Shining Stars of Ghana, private citizen Daniel Ofori, and Assistant Commissioner of Police Ayamga Yakubu Akolgo, cited various alleged irregularities in the administration of justice.
In response, the President invoked Article 146 of the 1992 Constitution to form an investigative committee comprising two Supreme Court Justices, a former Auditor-General, a military officer, and a university professor.
Justice Torkornoo’s legal team argues that the prima facie case declared by the President lacked procedural transparency and failed to meet constitutional standards.
A Nation Divided
Justice Torkornoo, Ghana’s third female Chief Justice since independence, has repeatedly claimed that the inquiry is politically motivated.
Her supporters argue that the proceedings represent an assault on judicial independence, while critics insist on the need to uphold accountability at the highest levels of the judiciary.
