Government spokesperson, Felix Kwakye Ofosu, has reacted to embattled and suspended Chief Justice Gertrude Torkornoo’s public address, labelling it as “most regrettable.”

He said in light of this " President Mahama is committed to upholding the rule of law".

His comments come in the wake of claims made by Justice Torkonoo during her public address on Wednesday, June 26, that the move and proceedings for her removal were politically motivated, lacked transparency, and violated due process.

She continued that threats are being sent to her to resign, citing that the process is “opaque” and “unlawful”.

At a press conference on Wednesday, Justice Torkornoo raised concerns about the processes leading to her potential removal.

According to her, the procedures break every rule of the justice delivery system, alleging a political agenda to remove her.

Reacting to these claims, the Minister for Government Communication stated that President John Mahama has no personal role in the process and has followed due process.

“What has happened today is most regrettable, and as government or as the President, President Mahama is committed to upholding the rule of law.

“We cannot have a situation where, depending on who is involved, the Constitution is set aside,” he said.

Mr. Kwakye Ofosu objected to the Chief Justice's claims of constitutional breach in her removal process, insisting that the constitutional procedures for handling the conduct and discipline of judicial officers are being strictly followed in the ongoing case involving the suspended Chief Justice.

“All Ghanaians are equal before the law. In the same way that our courts have dealt with individuals in accordance with the law, if members of the judiciary themselves are alleged to be engaged in some wrongdoing, the processes laid down or spelt out by the Constitution ought to be respected. And that is exactly what has happened,” he reiterated.

The Minister further urged all parties to exercise restraint and allow the constitutional mechanisms to proceed without interference or politicisation.

Justice Torkornoo 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.

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.