By Grace Zigah
Suspended Chief Justice Gertrude Araba Sackey Torkornoo has mounted a fierce legal and public resistance against ongoing efforts to remove her from office, describing the proceedings as a constitutional ambush orchestrated through a secretive and irregular process.
On Wednesday, June 25, she revealed that her legal team has filed a judicial review application at the High Court to halt the impeachment proceedings, citing multiple breaches of due process and constitutional safeguards.
In a strongly worded statement delivered at a press conference in Accra, Torkornoo outlined what she characterized as a “historic injustice” not only targeting her personally, but threatening the very foundation of Ghana’s judiciary and other constitutional bodies protected under Article 146 of the 1992 Constitution.
“This is the first time in our Republic’s history that a Chief Justice is facing removal proceedings,” she said. “It must be done right—or not at all.”
Justice Torkornoo warned that the irregularities surrounding the case could establish a dangerous precedent for other independent institutions, including the Electoral Commission, the Auditor-General, and the Commission on Human Rights and Administrative Justice (CHRAJ).
“The framers of the Constitution insulated certain offices from political interference for a reason. This process dismantles that protection,” she warned.
Allegations of Due Process Violations
The Chief Justice detailed several alleged procedural breaches that her legal team believes render the entire removal process unconstitutional:
1. Denial of Legal Representation: Her counsel was reportedly refused audience on the first day of the hearing because she was not physically present—even though he had attended on her behalf.
2. Lack of Access to Charges: She has not been officially informed which of the multiple allegations had been upheld as prima facie by the committee or why, thereby crippling her ability to mount a defense.
3. No Opportunity to Cross-Examine Petitioners: Two petitioners, businessman Daniel Ofori and the group “Shining Stars,” were reportedly excused from testifying, preventing her from cross-examining them—another breach of natural justice.
4. Invasive Personal Searches: She was subjected to what she described as intrusive body and property searches before hearings—treatment she says defies the dignity and protections of her office.
5. Restricted Family Access: She was denied permission to have her husband or any close family member accompany her during the hearings.
Venue Raises Historic and Emotional Red Flags
Perhaps the most emotive part of her address was her revelation that the proceedings are taking place at the Adu Lodge facility in Osu—a location she says is linked to the infamous 1981 abduction and murder of three judges and a retired army officer.
“I was living with my uncle, Major Sam Acquah, when he was taken from our home and later killed. That same facility was used in planning that heinous act,” she said. “To have my own trial held there is chilling—and not a coincidence. It was chosen to psychologically weaken me.”
The Chief Justice also disclosed that her earlier request to the Supreme Court for public hearings was denied.
Even more troubling, she said, was the Supreme Court’s decision to strike out her supplementary affidavit, which included detailed claims of human rights abuses.
“The violations have only worsened,” she said. “They are now beyond anything I imagined could occur under a democratic justice system.”
Another major concern is the decision of the Justice Pwamang-led committee to conduct the hearings under Civil Procedure Rules (CI 47), rather than Commission of Inquiry rules (CI 65), which have guided previous Article 146 proceedings since 1993.
“This effectively transforms the inquiry into a hostile civil litigation process where petitioners behave as prosecutors. Yet we are denied access to the very charges we are expected to respond to,” Torkornoo said.
She likened the situation to being asked to defend against invisible allegations: “It is like Nebuchadnezzar demanding his advisors interpret a dream they haven’t even heard.”
Refusing to Resign, Calling for Constitutional Order
Rejecting suggestions that she should step aside to preserve the integrity of the judiciary, the Chief Justice said resignation under these circumstances would legitimize a flawed and dangerous precedent.
“To turn tail and run now is to endorse this illegitimate, opaque, and constitutionally alien process. I will not resign,” she declared.
CJ Torkornoo concluded with a stirring call for national awareness and action.
She urged Ghanaians not to see her ordeal in isolation, but as a wider threat to the rule of law and the independence of critical institutions.
“This is no longer about me. This is about Ghana’s soul, our constitutional legacy, and whether we will allow politics to crush the very institutions that uphold our democracy,” she said.
However, as the Court prepares to review the case, observers are watching closely—not just to see what becomes of the embattled Chief Justice, but to assess how resilient the country’s legal institutions remain under mounting political pressure.
