The removal of former Chief Justice Gertrude Araba Sackey Torkornoo, by President John Dramani Mahama, has sparked contrasting opinions from notable legal minds.

The ongoing debate among top legal luminaries in the country has signalled a division over the process and implications of the dismissal of Justice Torkornoo.

In a statement issued on Monday, September 1, 2025, by the Minister of State in charge of Government Communications, Felix Kwakye Ofosu, the President announced that Chief Justice Torkornoo had been removed from office in accordance with Article 146(9) of the 1992 Constitution, following the recommendation of a committee that found grounds of misbehaviour in petitions filed against her.

Sacked Chief Justice Torkornoo heads to court

The committee, chaired by Justice Gabriel Scott Pwamang of the Supreme Court, included Justice Samuel Kwame Adibu-Asiedu, former Auditor-General Daniel Yao Domelevo, Major Flora Bazwaanura Dalugo of the Ghana Armed Forces, and Professor James Sefah Dzisah of the University of Ghana.

The panel was tasked with investigating three petitions against the former Chief Justice Torkornoo submitted by citizens, including Daniel Ofori.

The panel eventually recommended the removal of Justice Torkornoo from office on grounds of stated misbehaviour.

Chief Justice Torkornoo was suspended in April 2025 pending the committee's inquiry.

Despite the committee's findings, she has challenged her removal in court, arguing that the president overstepped his constitutional authority.

Following her dismissal, some of Ghana's legal experts who have served as Attorney Generals have weighed in on the matter, but not all share the same view on the issue.

Ayikoi Otoo

Ayikoi Otoo, lead counsel for Justice Torkornoo, who is a former AG, has condemned the dismissal as unconstitutional and a threat to judicial independence.

In a statement on September 24, 2025, Otoo argued that the process violated due process, suppressed evidence, and disregarded pending domestic and international cases.

"This incident sets a dangerous precedent that signals subordination of the judiciary to the executive arm of government,” Otoo said.

Ayikoi Otoo calls out Mahama over Torkonoo’s removal as Chief Justice

He emphasised that five cases challenging the legality of the removal are pending before the Supreme Court, alongside a case at the ECOWAS Court of Justice seeking Torkornoo’s reinstatement.

Otoo called on the president to “do the right things that line up with the oath of office” and urged the legal fraternity, civil society, and the international community to defend Ghana’s constitutional safeguards.

Martin Amidu

Martin Amidu, former Special Prosecutor and former Attorney General, took an opposing view, stating that Torkornoo’s removal was lawful and consistent with the constitution.

In a statement on September 22, 2025, Amidu referenced the Supreme Court’s decision in Agyei Twum v Attorney General & Akwetey [2005-2006], emphasising that removal under Article 146 applies both to the Chief Justice and as a Justice of the Supreme Court.

Martin Amidu breaks silence on removal of Gertrude Torkornoo

Amidu dismissed ongoing legal challenges as attempts to politicise a straightforward constitutional process and urged the President to appoint a new Chief Justice promptly.

He described Torkornoo’s legal manoeuvres as “lawfare” aimed at prolonging the controversy.

Dr Dominic Ayine

The current Attorney General and Minister of Justice recently criticised the Ghana Bar Association for calling for Torkornoo’s reinstatement, describing their position as politically biased.

Speaking at the Ghana Bar Association Conference on September 15, 2025, Dr Ayine pointed out that the previous removals of constitutional officeholders under Article 146, including Loretta Lamptey and Charlotte Osei, did not elicit a similar public outcry from the Bar.

Dr Ayine suggested that the Bar’s stance in the Torkornoo case reflects alignment with the opposition New Patriotic Party, noting, “The bar found its voice only in relation to the third petition… Coincidentally, the voice of the bar amplified the voice of the opposition.”

Following the dismissal, President Mahama has nominated Paul Baffoe-Bonnie as the new Chief Justice, pending parliamentary approval.

Meanwhile, Torkornoo continues to pursue her legal challenge, arguing that her removal as Chief Justice does not automatically entail removal as a Justice of the Supreme Court.

AM/VPO



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