By Abu Hassan
Accra, Ghana – President John Mahama has suspended Chief Justice Gertrude Torkornoo, marking the first time in Ghana’s history that a sitting Chief Justice has been removed from office. The move has ignited a fierce political controversy, with opposition Members of Parliament (MPs) accusing the President of undermining the independence of the judiciary and attempting to “pack the courts” with loyalists of the ruling National Democratic Congress (NDC).
The suspension, announced on Wednesday, follows the filing of three petitions alleging misconduct against Ms. Torkornoo. The specific contents of these petitions have not been made public, and Ms. Torkornoo has yet to issue a public statement on the matter. Since the initial announcement, two additional petitions have been submitted against her.
A statement released by the presidency indicated that Ms. Torkornoo was asked to step aside to allow for a thorough investigation into the allegations. However, the opposition has vehemently condemned the decision, calling it “nothing short of a brazen judicial coup, a reckless abuse of executive power, and a direct assault on the independence of Ghana’s judiciary.”
Former Attorney General Godfred Yeboah Dame echoed these sentiments, describing the suspension as a “complete charade… the biggest assault on the [judiciary] in the nation’s history.”
Prior to the suspension, legal challenges were mounted against the process being employed by the President. Lawyers filed at least two lawsuits arguing that he had initially failed to adhere to due process by not providing Ms. Torkornoo with copies of the petitions before suspending her, as required by law. While the President later made the petitions available, the opposition caucus maintains that the suspension, before the Supreme Court could rule on the lawsuits, constituted a “violation” of due process.
Despite the widespread controversy, some Ghanaians have voiced support for the President’s actions. Dr. Tony Aidoo, Ghana’s former ambassador to the Netherlands, told Joy News that the President was “protecting the judiciary in Ghana from the actions of a person who does not behave in a manner that should keep her there.” He added, “…if there’s a stench in the room you have to let in fresh air.”
Supporters of the President allege that the Supreme Court, under Ms. Torkornoo’s leadership, has shown bias towards former President Nana Akufo-Addo and his party in several high-profile political cases. Notably, they cite last year’s ruling that declared the speaker’s decision to declare four MP’s seats vacant as unconstitutional.
Ghana has had 15 chief justices, all of whom concluded their terms through retirement. Ms. Torkornoo, nominated in 2023 by Akufo-Addo, is the third woman to hold the position. She previously survived a removal request earlier this year when Akufo-Addo deemed a petition for her dismissal to have “several deficiencies,” according to Reuters.
Now, a five-member committee has been established to investigate the current allegations against Ms. Torkornoo, whose tenure as Chief Justice now hangs in the balance. The outcome of this investigation will undoubtedly have significant implications for the future of Ghana’s judiciary and the stability of its political landscape.
