Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkonoo has been removed from her position as Chief Justice of the Republic of Ghana with immediate effect.

This was announced in an official statement from the Office of the President, signed by President John Dramani Mahama. The removal was carried out in accordance with Article 146(9) of the 1992 Constitution of Ghana.

According to the statement, the decision follows the receipt of a report from a committee constituted under Article 146(6) of the Constitution to investigate a petition submitted by a Ghanaian citizen, Mr Daniel Ofori.

The Committee, after considering the petition and examining the evidence presented, found that the grounds of stated misbehaviour as defined under Article 146(1) had been established against Chief Justice Torkonoo. As a result, the Committee recommended her removal from office.

Per the provisions of Article 146(9), the President is mandated to act in accordance with the recommendations of such a committee. President Mahama, therefore, acted in line with the constitutional directive and effected the removal.

More details regarding the findings of the Committee and the nature of the allegations are expected to be made available in due course.

Background to the Removal

The removal stems from a formal petition submitted by a Ghanaian citizen, Mr Daniel Ofori, who alleged that Chief Justice Torkonoo had engaged in conduct amounting to stated misbehaviour under Article 146(1) of the Constitution. In line with constitutional procedures, a committee was constituted under Article 146(6) to look into the matter.

The Committee, after examining the evidence and hearing from relevant parties, concluded that the allegations of misbehaviour were substantiated. It subsequently recommended that Justice Torkonoo be removed from office.

President Mahama, in accordance with Article 146(9), acted on the Committee’s recommendation, as the Constitution requires the President to comply with such findings in matters concerning the removal of a Chief Justice.

Justice Torkonoo, who was appointed Chief Justice in June 2023 by President Nana Addo Dankwa Akufo-Addo, served just over two years in the role. Her tenure marked a continuation of efforts to digitise Ghana’s court systems and promote judicial reforms. However, her time in office was also marked by public controversies and criticisms regarding some high-profile judicial decisions, which may have influenced public sentiment leading up to the petition.

The specifics of the misconduct alleged in Mr Ofori’s petition have not yet been fully disclosed to the public, but the Presidency has indicated that more information may be released in due course.

Next Steps

The removal of a sitting Chief Justice is a rare and significant event in Ghana’s democratic history. With her exit, the position of Chief Justice becomes vacant, and the Judicial Council is expected to initiate processes for the nomination and appointment of a successor.

Legal experts and political commentators have begun analysing the implications of this decision on the independence of the judiciary and the broader democratic landscape of Ghana.

The Office of the President has assured the public that all constitutional procedures were strictly followed and that the decision reflects the government’s commitment to upholding accountability at the highest levels of governance.

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