Former Chief Justice Gertrude Torkornoo
A well-known proverb says that in every cloud there is a silver lining, meaning that “there is a positive aspect to every bad situation or difficult experience… that no matter how bad things seem, something good or hopeful can eventually be found, much like the light that shines through a dark cloud”.
But is it possible that the adage has any bearing on the historic saga which has culminated in President John Mahama removing from office Ghana’s Chief Justice, Gertrude Esaaba Sackey Torkornoo?
Certainly, the circumstances present a pretty bleak picture, fuelling the belief that there was an ‘agenda’ against Justice Torkornoo.
Nevertheless, it seems to me that there is at least one silver lining: it lies in the fact that it is happening at the time a review of the national Constitution, adopted in 1992, is taking place.
As reported: “On January 19, President John Dramani Mahama inaugurated an eight-member Constitution Review Committee to identify gaps in previous constitutional reforms and recommend amendments to improve Ghana’s governance.
The committee is chaired by Professor H. Kwasi Prempeh. Members include: Justice Sophia Adinyirah; Prof. Kwame Karikari; Mrs. Charlotte Osei; Dr. Godwin Djokoto; Ibrahim Tanko Amidu; Dr. Esi Ansah; and, Dr. Rainer Akumperigeya – Secretary.”
It made banner headlines when on April 22, 2025, President Mahama suspended Chief Justice Torkornoo after a prima facie case was established by the Council of State on three petitions alleging misconduct and incompetence. Justice Paul Baffoe-Bonnie, the most senior Supreme Court judge, was named Acting Chief Justice.
A five-member inquiry committee, chaired by Justice Gabriel Scott Pwamang was appointed to investigate the matter. Other members: Justice Samuel Kwame Adibu-Asiedu, also a Justice on the Supreme Court bench; Mr. Daniel Yaw Domelevo, a former Auditor-General; Major Flora Bazaanura Dalugo from the Ghana Armed Forces; and Professor James Sefah Dzisah, an associate Professor at the University of Ghana.
The inquiry allegedly found evidence of unlawful expenditure of public funds linked to Justice Torkonoo’s private travel. Her spouse and daughter were reportedly paid allowances using public funds during a private trip with her husband to Tanzania in 2023 and another to the US with her daughter.
Widespread controversy, immediately erupted over the suspension, notably reflecting the political polarization in the county.
The following are excerpts from a blistering Facebook post on April 22, 2025, by former Deputy Attorney-General Diana Asonaba Dapaah:
“That anyone will find anything remotely close to a prima facie case based on these petitions should leave every right-thinking Ghanaian worried, very worried.
“How can a decision made by a Chief Justice (CJ) as a member of a panel made up of no fewer than 5 justices present a basis for a determination of a prima facie case. How about the other justices including some of whom are now chairing the supposed committee?
“Administrative decisions including, in the words of the petitioner, “sacking a judicial service staff who was not coming to work” … How does this present a prima facie case or ground for removal?
“And you have a President who has notified us of his agenda to interfere with the independence of the judiciary in advance and we see this as a genuine case for a ground for removal, against the frivolity of the petitions.
“You have people skewing the narrative. Quoting a supposed page 37 of the travel policy of CJs. Such lies. Take a look at the said travel policy of the CJ and justices of the superior courts.
“The policy provides that the CJ shall undertake unlimited official travels with either his/her spouse or other person of his/her choice in a year fully funded by the judicial service. By Clause B, the CJ is also entitled to two personal travels paid for.
“I don’t want to wade into the travel entourage of the heads of the other arms of government. Is the judiciary any mean arm of government to be denigrated in such a manner?
“I reiterate my position that this is not a Gertrude Torkornoo fight. It’s the fight of every judge in this country… and a fight for our democracy.
“Ghanaians should and will know the full facts,” Ms. Dapaah concluded.
But, evidently, not even the intervention of some of Ghana’s top-notch lawyers could help the embattled CJ. Media reports reveal that some of Ghana’s legal luminaries who attended the hearings to confirm that Justice Torkornoo had done no wrong, nothing to merit the process, include:
“Former Chief Justices Sophia Akuffo and Anin Yeboah; Nana Dr S.K.B. Asante, a senior Ghanaian statesman, lawyer, and Paramount Chief, Chairman of the Committee of Experts that drafted the Constitution; Justice Jones Dotse, a retired justice of the Supreme Court; Mr. Sam Okudzeto, a former member of the Council of State and renowned legal brain, with over 65 years standing at the bar in Ghana; and the President of the Ghana Bar Association, Efua Ghartey.
On September 1, 2025, the shock news came from the presidency that: “President John Dramani Mahama has, in accordance with Article 146(9) of the 1992 Constitution, removed the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkonoo, from office with immediate effect.
“This follows receipt of the report of the Committee constituted under Article 146(6) to inquire into a petition submitted by a Ghanaian citizen, Mr. Daniel Ofori. After considering the petition and the evidence, the Committee found that the grounds of stated misbehaviour under Article 146(1) had been established and recommended her removal from office.
“Under Article 146(9), the President is required to act in accordance with the committee’s recommendation.”
Justice Pwamang said that the second petitioner, as well as the Chief Justice, requested an adjournment of the second petition, which the committee granted.
“Accordingly, we shall be reporting on the second and third petitions in due time,” he said.
Thus it was that an outcome predicted by the rumour mill was carried out based on only one of the three petitions against Justice Torkornoo.
Reportedly, she has also been removed as a judge of the Supreme Court following the committee’s findings.
Justice Torkornoo, Ghana’s third female chief justice, was nominated in 2023 by former President Nana Akufo-Addo. She is the first sitting chief justice to be investigated and dismissed.
Curiously, before the announcement of the dismissal, committee member Mr. Domelevo had posted an enigmatic online message under the heading, “Daniel Yaw Domelevo is feeling positive”; followed by “The Strife is over, the Battle Done. If you know, you know.” Later it was interpreted as a gloating hint about the sacking they had decided.
A suit Justice Torkornoo filed at the ECOWAS Court of Justice is still pending.
By Ajoa Yeboah-Afari