Justice Gertrude Esaaba Araba Sackey Torkornoo has noted that she has received threats to resign from her position as Chief Justice amid a probe into petitions demanding her removal from office.

"I have also received threats and veiled threats to the effect that if I fail to resign or retire voluntarily, I will be made to suffer some harm or the other," she told the media on June 25.

She was suspended on Tuesday, April 22, by President John Dramani Mahama following the establishment of a prima facie case based on separate petitions calling for her removal. The action was in accordance with Article 146(6) of Ghana’s 1992 Constitution and comes after consultations with the Council of State.

Engaging the press today, Justice Gertrude Torkornoo reiterated allegations of unconstitutionality with regard to the process of her removal, as well as infringement of her rights during the hearing by the committee set up by the president.

Justice Torkornoo expressed displeasure over the use of the Adu Lodge during hearings, which she believes is being used to make her insecure, as it served as a site where plans were made to kill judges on June 30, 1981, as well as the alleged refusal of the committee to give her copies of the petitions presented to them by the president.

"There has never been a hearing for the removal of the Chief Justice. One would have therefore hoped that if such a process becomes necessary, it will provide good guidance and precedent for nation building.

Unfortunately, every step of the removal process being undertaken against me is being done in a manner that breaks every rule on how justice is delivered in our country.

This is why I find the need to draw the nation’s attention to the serious violations of the constitution and law in the process and the danger it holds for the development of the nation’s democracy," she added.

Background

On May 21, Justice Torkornoo filed an injunction application, which, among other things, questioned the constitutionality of the committee’s formation and the legality of her suspension announced in April.

The five-member committee includes Justice Gabriel Scott Pwamang—Supreme Court Justice (Chairman), Justice Samuel Kwame Adibu-Asiedu—Supreme Court Justice, Daniel Yaw Domelevo—Former Auditor-General Major Flora Bazwaanura Dalugo, Ghana Armed Forces Representative Prof. James Sefah Dzisah, and Associate Professor at the University of Ghana.Justice Torkornoo requested the apex court to bar Gabriel Scott Pwamang and Samuel Adib-Asiedu from sitting on the case, citing a conflict of interest.

She again argued that Justice Samuel Kwame Adibu-Asiedu also served as a Supreme Court panel member who presided over a related injunction application.

The suspended Chief Justice also raised questions about the eligibility of the three remaining committee members, Daniel Yao Domelovo, Major Flora Bazwaanura Dalugo, and Prof. James Sefah Dzisah, under Articles 146 (1), (2), (4), 23, and 296 of the Constitution and sections of the Oaths Act, 1972.Article 23—This article guarantees administrative justice, stating that all administrative bodies and officials must act fairly and reasonably and comply with the law.

Article 296—This provision regulates the exercise of discretionary power by public officials, requiring them to act fairly, transparently, and without bias. It prevents arbitrary decision-making and ensures that discretion is exercised within legal limits.

Oaths Act, 1972—This law governs the oaths of office taken by public officials, ensuring they uphold their duties with integrity.

The Attorney-General, in response to Madam Torkonoo’s interlocutory injunction, also filed an affidavit on May 26, stating that there is no basis in law for the two Supreme Court judges to be restrained from participating in the petition probe.

The Supreme Court on May 28 dismissed a supplementary affidavit filed on May 26, where the suspended Chief Justice made allegations of rights abuse by the committee.

Justice Torkonoo alleged she was subjected to mental torture at the hearing. According to her, upon her arrival at the venue set for her hearing, she was made to go through a body search, her phones and laptops were collected, and her spouse and children were denied access to the room.

According to the apex court, the events referenced happened before the committee investigated the petitions for her removal — proceedings that, by law, are expected to be held in camera.

Making a case for the chair of the committee, Justice Pwamang, argued that his participation in cases put before the courts by one of the petitioners cannot constitute evidence of bias.

Regarding Justice Samuel Adibu Asiedu, the Attorney-General indicated that he did not participate in the injunction hearing and can therefore not be barred.

The Attorney-General further noted that members of the committee have all taken the necessary oath of office, contrary to claims by the Chief Justice.

So far, the Supreme Court has dismissed four suits filed against the petitions seeking the removal of the Chief Justice.

Justice Torkornoo was appointed as Ghana’s 15th Chief Justice in June 2023, succeeding Justice Kwasi Anin-Yeboah. Her appointment marked her as the third woman to serve in the role in Ghana’s history.