By Issah Olegor
Suspended Chief Justice of the Republic, Justice Gertrude Araba Esaaba Sackey Torkornoo, has called for full transparency in the ongoing inquiry into her conduct, requesting that proceedings be opened to the public.
Her demand was made during the first sitting of a five-member investigative committee probing allegations that led to her suspension by President John Dramani Mahama.
The hearing, which commenced on Thursday, May 15, 2025, comes 24 days after President Mahama temporarily removed the Chief Justice from office in accordance with Article 146 (10) of the 1992 Constitution.
This action followed the receipt of three separate petitions alleging misconduct and incompetence in the administration of the judiciary.
Background to the Controversy
The call for Justice Torkornoo’s removal was first initiated by a group known as Shining Stars of Ghana, which submitted a petition on February 14, 2025.
The petition, signed by the group’s convenor, Kingsley Agyei, did not publicly disclose the full extent of its allegations but accused the Chief Justice of administrative irregularities.
Subsequently, on March 17, 2025, a second petition was submitted by one Daniel Ofori.
His document detailed 21 instances of alleged misbehaviour and four allegations of incompetence relating to the Chief Justice’s management of judicial responsibilities.
The third petition was filed, also on February 14, 2025, by Assistant Commissioner of Police (ACP) Ayamga Yakubu Akolgo, a legal practitioner and senior police officer stationed at the National Police Headquarters in Accra.
Akolgo’s petition similarly focused on concerns over Justice Torkornoo’s conduct in office.
Faced with these petitions, President Mahama, invoking the constitutional provision for addressing alleged misconduct of judicial officers, suspended Justice Torkornoo and activated the formation of a disciplinary committee to examine the complaints.
Committee Composition
The investigative committee is chaired by Justice Gabriel Scott Pwamang of the Supreme Court. The other members include:
Justice Samuel Kwame Adibu-Asiedu, Supreme Court judge
Daniel Yaw Domelevo, former Auditor-General
Major Flora Bazwaanura Dalugo of the Ghana Armed Forces
Professor James Sefah Dzisah, an academic from the University of Ghana.
NDC Lawyers
Renowned lawyer and NDC stalwart Tsatsu Tsikata and Thaddeus Sory are representing Shining Stars of Ghana.
Meanwhile, social activist and legal practitioner Oliver Barker-Vormawor is appearing for Daniel Ofori.
ACP Akolgo is representing himself in the proceedings.
Chief Justice Demands Openness
During the committee’s in-camera session, Chief Justice Torkornoo made a formal request for the hearings to be made public.
She argued that since both the submission of the petitions and her suspension had occurred in the public domain, it would be only fair and just for Ghanaians to witness the full proceedings, thereby ensuring accountability and transparency.
However, the committee rejected her plea, citing constitutional constraints.
According to Article 146 of the Constitution, such proceedings are to be held in camera.
Justice Pwamang, as chair, stated the committee was bound by this stipulation, despite the public interest the case had generated.
Additionally, the Chief Justice and her legal team raised concerns about the lack of clarity on the procedural rules governing the committee’s work.
After deliberation, the committee opted to adopt the High Court (Civil Procedure) Rules, 2004 (C.I. 47) as the guiding framework for the inquiry.
National Stakes and Political Undercurrents
The unfolding events mark an unprecedented moment in Ghana’s judicial history, with a sitting Chief Justice under public scrutiny and suspension.
Critics and observers across the political and legal spectrums have expressed divergent views on the legitimacy, timing, and implications of the probe.
While some see the process as a constitutional necessity, others—particularly within legal and opposition circles—have warned against what they describe as the potential politicization of the judiciary.
The involvement of prominent lawyers associated with the National Democratic Congress (NDC) has only heightened these concerns.
What Lies Ahead
The five-member committee is expected to sit over several weeks, receiving testimony, reviewing documents, and examining the legal merits of the petitions.
Its recommendations could either pave the way for the Chief Justice’s reinstatement or formal removal, with significant implications for the independence of Ghana’s judiciary.
Justice Torkornoo, appointed Chief Justice in June 2023, has insisted on her innocence and maintains that the accusations lack merit.
