Chief Justice Gertrude Araba Esaaba Sackey Torkornoo has been removed from office by President John Dramani Mahama, following recommendations from a five-member committee constituted under Article 146 of the 1992 Constitution.
The process began after a petition dated March 17, 2025, was submitted to the President by a Ghanaian citizen, Mr. Daniel Ofori, seeking her removal on grounds of misconduct and stated misbehaviour.
Upon reviewing the petition, her response, and advice from the Council of State, the President determined that a prima facie case had been established, triggering the constitutional procedure for removal.
Committee Inquiry
In line with Article 146(6), President Mahama, in consultation with the Council of State, established a committee chaired by Justice Gabriel Scott Pwamang of the Supreme Court to investigate the allegations. Other members included Justice Samuel Kwame Adibu Asiedu, Daniel Yaw Domelevo (former Auditor-General), Major Flora Bazaawaanuba Dalugo of the Ghana Armed Forces, and Professor James Sefe Dzisah of the University of Ghana.
After a full inquiry, the committee concluded that Justice Torkornoo had engaged in conduct amounting to “stated misbehaviour” under Article 146(1).
Key Findings
Among its findings, the committee cited:
Unlawful expenditure of public funds: The committee held that the Chief Justice caused the Judicial Service to pay travel expenses for her husband and daughter during private holiday trips in 2023, including per diem allowances. This, the report stated, was an “avoidable and reckless dissipation of public funds.”
Abuse of discretionary power: The committee found that her handling of the transfer of one Mr. Baiden breached Article 296(a) and (b) of the Constitution, describing the act as misbehaviour.
Interference in judicial appointments: The report also noted that she sought to bypass the established process for nominating Justices of the Supreme Court, contrary to precedent set in the Ghana Bar Association case. The committee concluded this amounted to misbehaviour.
Recommendation and Removal
Summarizing its findings, the committee declared that the Chief Justice’s conduct fell squarely within the constitutional definition of “stated misbehaviour” and, therefore, recommended her removal in accordance with Article 146(7).
Bound by Article 146(9), which makes the President’s action mandatory once such a recommendation is made, President Mahama formally removed Justice Torkornoo by Warrant of Removal under the Presidential Seal.
The decision, which took effect immediately, also ends her tenure as a Justice of the Supreme Court.
