LEGAL

Chief Justice Torkonoo Removed

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President John Dramani Mahama has removed Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkonoo, from office with immediate effect, ending months of intense legal wrangling that saw Ghana’s top judge fight her removal all the way to the ECOWAS Court of Justice.

The Presidency announced in a statement that the decision followed the recommendation of a committee constituted under Article 146(6) of the 1992 Constitution to investigate a petition submitted by a Ghanaian citizen, Mr. Daniel Ofori. After considering the petition and evidence, the committee found grounds of stated misbehavior under Article 146(1) and advised her removal, a recommendation the President is constitutionally bound to act upon.

Relentless Legal Struggle

Justice Torkonoo’s removal caps a dramatic chapter in Ghana’s judicial history. From the outset, she mounted a fierce resistance to the petition, repeatedly challenging the process as unfair and unconstitutional.

Her legal team pursued numerous applications before Ghana’s courts, contesting the admissibility of the petition and questioning the impartiality of the proceedings. When these efforts failed, the embattled Chief Justice took the unprecedented step of filing at the ECOWAS Court of Justice, arguing that her fundamental rights had been violated and that the inquiry undermined judicial independence in Ghana.

Though her case attracted wide public attention, the regional court eventually dismissed her claims, holding that Ghana’s constitutional process for removal of superior court judges was being followed.

A Controversial End

Justice Torkonoo’s dismissal makes her one of the very few Chief Justices in Ghana’s history to be removed through constitutional processes. The development has stirred debate in legal and political circles, with some describing it as a necessary step to uphold accountability at the highest level of the judiciary, while others view it as a potential blow to judicial independence.

Legacy and Impact

Before the petition, Justice Torkonoo was widely recognized for her commitment to judicial reforms, including efforts to digitize court processes and improve transparency in the administration of justice. Her removal, however, will likely overshadow much of her reformist agenda and may become the defining moment of her tenure.

As she exits office, her relentless fight from the Supreme Court in Accra to the ECOWAS Court in Abuja — underscores both the resilience of constitutional checks and the fragility of judicial independence in Ghana’s democracy.

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