The Ghana Bar Association (GBA) has appealed to all individuals and institutions participating in the ongoing process to remove Chief Justice Gertrude Araba Esaba Torkornoo to conduct themselves in accordance with the rule of law and constitutional requirements.

In a statement issued on April 24, the GBA emphasized the need for discretion and fairness in the unfolding developments, noting that “It is expected that persons who play even the minutest role in this process will bear in mind Article 296 of the 1992 Constitution on the exercise of discretion and will act in a manner that safeguards and enhances the independence and image of the Judiciary.”

The call comes in the wake of a series of petitions filed against Chief Justice Torkornoo, beginning with one from a group known as Shining Stars of Ghana.

The group alleges she violated Article 144 of the Constitution by personally recommending judges for promotion to the Supreme Court, and further claims she ruled on a case involving the Speaker of Parliament without granting him a hearing, despite his refusal to respond to the suit.

Another petition from a police officer who is also a lawyer accuses the Chief Justice of manipulating evidence and abusing her authority, following an incident during a Supreme Court session where he was reportedly reprimanded, arrested, and detained. However, court records suggest the lawyer’s conduct during proceedings prompted a unanimous caution from the bench, not just the Chief Justice.

A third petition, submitted by a private individual, lists 21 alleged misconducts and four claims of incompetence. Among the accusations is the misuse of public funds—specifically, that she spent over GH¢261,000 and $30,000 on a family trip abroad in 2023 and misused an additional GH¢75,580 and $14,000 during another foreign assignment without proper accountability.

Subsequent reports indicate two more petitions have been added to the list, intensifying pressure on the judiciary.

Chief Justice Gertrude Torkornoo, in her written response to President Mahama, strongly denied allegations of misconduct and abuse of office brought against her by senior police officer describing them as baseless and lacking grounds for her removal from office.

In response, President John Dramani Mahama has suspended Chief Justice Torkornoo, invoking Article 146(6) of the 1992 Constitution after consultations with the Council of State and determining that there is a prima facie case warranting further examination.

A five-member committee has been formed to investigate the matter. The panel is chaired by Supreme Court Justice Gabriel Scott Pwamang, and includes Justice Samuel Kwame Adibu-Asiedu, former Auditor-General Daniel Yaw Domelevo, Major Flora Bazwaanura Dalugo of the Ghana Armed Forces, and Associate Professor James Sefah Dzisah of the University of Ghana.

Reacting to the suspension, former Deputy Attorney General Alfred Tuah-Yeboah expressed surprise, suggesting that “the Chief Justice could remain in office while the matter was being reviewed by the panel.”

Meanwhile, Minister of Government Communications Felix Kwakye Ofosu clarified that the suspension does not equate to an assumption of guilt, stressing that President Mahama’s action is based solely on constitutional procedure.

However, some skepticism has emerged regarding the future of the Chief Justice. Sam Okudzeto, a former Council of State member, expressed doubt that she would be reinstated once the process concludes.

Despite the uncertainty surrounding the situation, the GBA reiterated its commitment to protecting Ghana’s judicial system. “The GBA shall remain the conscience of society, the voice of the voiceless and act to safeguard the Rule of Law and uphold the Constitution of the Republic which embodies the wishes and aspirations of the people of Ghana,” the Association declared.

In the interim, Justice Paul Baffoe-Bonnie, the most senior Justice of the Supreme Court, has assumed the role of Acting Chief Justice in accordance with Article 144(6) of the Constitution, which provides for such a transition in the event the office becomes vacant or its occupant is unable to perform their duties.

Justice Torkornoo, born on September 11, 1962, in Cape Coast, was appointed as Ghana’s 15th Chief Justice and sworn in on June 12, 2023, by former President Nana Addo Dankwa Akufo-Addo. She is the third woman to occupy the role and is known for her contributions to legal reform, including the rollout of the E-Justice system. She is also an accomplished author and poet, with a distinguished academic background from the University of Ghana and several international institutions.