A retired Justice of the Supreme Court, William Atuguba, has questioned the basis on which lawyers of sacked Chief Justice, Gertrude Torkornoo, plan to challenge her removal from office in court.

The lead counsel for Justice Torkornoo, former Attorney-General, Nii Ayikoi Otoo, has argued that the former Chief Justice was treated unfairly and deserves the chance to clear her name.

In an interview on Saturday, September 6, 2025, he said the legal team was determined to ‘get the records straight’, adding that historically such an attempt had vindicated people.

Speaking to TV3 on Monday, September 8, 2025, Justice Atuguba dismissed the notion that the office of Chief Justice necessarily shields one from accountability.

Atuguba settles contentious ‘stated misbehaviour’ debate in CJ’s removal?

He stressed that misapplication of public funds is a criminal offence and no one, including the head of the judiciary, should be excused.

“Are you saying that simply because somebody is a chief justice, he or she is entitled to misapply public funds and go free? See, our Constitution is based on transparency, accountability, and probity. So, who is to enforce these policies? The courts. Even the topmost judge will not adhere to those principles if left unchecked,” he said.

He further explained that the expression ‘stated misbehaviour’, which was cited in the removal proceedings, is rooted in the Constitution (1992) and should be understood in its ordinary English meaning.

According to him, the provision has been applied before in cases involving former CHRAJ Commissioner, Loretta Lamptey and former Electoral Commission Chairperson, Charlotte Osei.

Justice Torkornoo was removed from office on the recommendation of a committee chaired by Justice Scott Pwamang, which cited among other things, the payment of per diem allowances to her husband and daughter as acts which constitutes stated misbahaviour.

What Supreme Court panel led by Atuguba, Sophia Akuffo said about pension of dismissed judge

MRA/VPO

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