President John Mahama has dismissed Chief Justice Gertrude Araba Esaaba Sackey Torkornoo from office following constitutional inquiry findings that upheld misconduct allegations, marking the first removal of Ghana’s top judicial officer in twenty years.
The removal became effective Monday after the Article 146 Committee of Inquiry submitted its report concluding the first of three petitions seeking her dismissal. Businessman Daniel Ofori filed the successful petition that led to the constitutional panel’s adverse findings.
Committee chair Justice Gabriel Pwamang presented the sealed report to President Mahama during a brief Jubilee House ceremony. The panel emphasized that all proceedings occurred behind closed doors as mandated by Ghana’s Constitution for such sensitive judicial matters.
The inquiry process spanned several months, with the committee hearing extensive testimony from 25 witnesses. Thirteen witnesses appeared for the petitioner while twelve testified on behalf of the Chief Justice, including expert witnesses providing specialized evidence to support their respective positions.
Legal representation remained substantial throughout the proceedings, with four lawyers representing each side. The committee reviewed approximately 10,000 pages of documentary evidence while conducting its constitutional mandate to examine the allegations thoroughly.
Under Article 146(9) of Ghana’s Constitution, the president has no discretionary power once the committee makes adverse findings. The constitutional provision makes presidential action mandatory, ensuring Justice Torkornoo’s immediate and permanent removal from office.
Justice Torkornoo assumed the Chief Justice position in June 2023, becoming Ghana’s third female head of the judiciary. Her tenure lasted less than two years before the constitutional proceedings resulted in her dismissal from the country’s highest judicial post.
Two additional petitions against the former Chief Justice remain pending before the Article 146 Committee. These separate cases could generate further reports, though the committee’s timeline for addressing the remaining allegations remains unclear.
The removal represents a significant moment in Ghana’s judicial history, highlighting the constitutional mechanisms available for addressing judicial misconduct. The Article 146 process provides formal procedures for investigating and potentially removing superior court judges.
Ghana’s Constitution establishes specific grounds for judicial removal, including stated misbehavior and incompetence. The committee’s findings in the Ofori petition apparently satisfied the constitutional threshold for misconduct, triggering the mandatory presidential action.
The judicial inquiry process typically involves detailed examination of allegations, witness testimony, and documentary evidence. Committee members must determine whether petitioners have proven their cases to the constitutional standard required for judicial removal.
Justice Torkornoo’s dismissal creates immediate succession questions for Ghana’s Supreme Court leadership. The president will need to nominate a replacement Chief Justice, subject to consultation with the Council of State and Parliamentary approval.
The constitutional crisis also raises broader questions about judicial independence and accountability in Ghana’s democratic framework. The removal demonstrates that even the country’s top judicial officer remains subject to constitutional oversight mechanisms.
Legal observers note that judicial removals remain extremely rare in Ghana’s constitutional history. The last successful removal of a Chief Justice occurred over two decades ago, making this action particularly significant for the country’s judicial system.
The pending petitions suggest the constitutional scrutiny of Justice Torkornoo’s conduct may continue despite her removal. These cases could provide additional details about the allegations and evidence that led to her dismissal.
Ghana’s judicial system must now navigate the transition to new leadership while maintaining public confidence in constitutional processes. The successful removal demonstrates that judicial accountability mechanisms can function when constitutional standards are met.
Source: newsghana.com.gh
