Politics of Thursday, 26 June 2025

Source: www.ghanaweb.com

CJ Torkornoo outlines six alleged violations amid enquiry into petitions seeking her removal

Justice Gertrude Torkornoo has been suspended by President Mahama Justice Gertrude Torkornoo has been suspended by President Mahama

The suspended Chief Justice Gertrude Torkornoo has alleged multiple constitutional and legal breaches in the ongoing enquiry against her, citing what she describes as “escalating violations” of due process and the rules of natural justice.

During a press conference on Wednesday, June 26, 2025, Justice Torkornoo expressed worry over the conduct of the committee tasked with investigating the petitions that led to her suspension.

According to her, rather than serving as a guiding precedent for nation-building, the proceedings are “breaking every rule on how justice is delivered in the country”.

“I have decided to make this statement today because the violations have not stopped. Indeed, they have escalated beyond anything I could have imagined as possible," she noted.

She pointed out six alleged violations, which she noted have marred the integrity of the process.

Proceedings began in her absence

According to her, the very first day of proceedings commenced in her absence, even though her legal counsel was physically present.

She claimed the committee went ahead to fix hearing dates and make key procedural decisions without involving her lawyer, which she describes as a fundamental breach of her right to fair representation.

"The Committee’s refusal, in breach of the rules of natural justice, to recognise my counsel on the first day of proceedings simply because I was not personally present, and proceeding to fix hearing dates is a clear violation. They went ahead to make arrangements for the hearing without involving my counsel, even though he was physically present," she explained.

Lack of clarity on allegations

Justice Torkornoo criticised the committee for failing to indicate the specific allegations for which a prima facie case had been established, as well as the reasons for that determination.

According to her, this omission prevents her from understanding her legal standing or preparing an adequate defence.

"The committee’s failure to indicate the specific allegations in respect of which a prima case has been established, as well as, the reasons for same, to enable me to determine my legal rights or adequately prepare a defence to the charges against is another of such,"she remarked.

Denial of cross-examination rights

Justice Torkornoo expressed worry over the committee’s decision to allow two petitioners, Daniel Ofori and the group Shining Stars not to testify.

She argued that this denied her the opportunity to cross-examine them and challenge the substance of their petitions.

" The committee’s decision to permit two of the petitioners (Mr Daniel Ofori and Shining Stars) not to testify to enable me to cross-examine them on their petitions is another of such," she noted.

No family member allowed during hearings

She noted that she was not permitted to be in the hearing room with her husband or any close family member, a restriction she believes adds undue emotional strain and further undermines her dignity.

Intrusive personal search

The suspended Chief Justice said she was subjected to a thorough search of her body and handbags. She described the search as a violation of standard protocols and international courtesies usually extended to a sitting Chief Justice.

" A denial of opportunity to be in the hearing room with my husband or a close family member," she stated.

Use of intimidating and isolated venue

Finally, she condemned the choice of venue, Adu lodge, a high-security, restricted area on Castle Drive, Osu for the hearings.

She noted that all Article 146 proceedings since 1993 have been held within judicial facilities.

The current location, she asserted, was chosen to intimidate her and prevent public access, especially given the secrecy surrounding the proceedings.

"The conduct of the hearings in a cordoned high security zone on Castle Drive, Osu, when all Article 146 proceedings since 1993, had been held in a judicial facility at the Judicial Service, Accra is unsettling. It is clear that the choice of venue, against the background of the secrecy of proceedings, was intended to intimidate me and to prevent any citizen of Ghana from knowing how the proceedings are being conducted," she added.


Following the determination of a prima facie case in the three petitions asking for the removal President John Dramani Mahama has suspended her and set up a five-member committee to inquire into the petitions.

The Supreme Court had unanimously dismissed her application for an interlocutory injunction against the committee set up by President Mahama to investigate her conduct.

In addition to rejecting her injunction application, the Supreme Court also unanimously struck out a supplementary affidavit filed by Justice Torkornoo.

The Court held that the affidavit disclosed confidential information that should have remained under wraps in accordance with Article 146 of the 1992 Constitution, which outlines the procedures for the removal of a Chief Justice or other superior court judge.

JKB/VPO

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