The Ghana Bar Association (GBA) has urged individuals involved in the process to remove and suspend the Chief Justice to act in a manner that enhances the image and independence of the judiciary.
In regards to the Chief Justice's suspension, the GBA acknowledged the constitutional provisions for removal as outlined in Article 146 (6) to (10) of the Constitution. They emphasized that, since the matter is currently sub judice, they hope the actors involved will adhere to the principles of the Rule of Law and follow the spirit of the law in their actions.
“It is expected that all individuals, regardless of how minor their role may be, will remember Article 296 of the 1992 Constitution concerning the exercise of discretion. They should act in a way that safeguards and promotes the independence and integrity of the judiciary. Justice arises from the good people of Ghana and is administered by the judiciary, which is led by the Chief Justice.
“The GBA is committed to defending, strengthening, and enhancing public confidence in the justice delivery system in Ghana. We will continue to be the conscience of society, the voice of the voiceless, and act to uphold the Rule of Law, as well as the Constitution of the Republic, which embodies the wishes and aspirations of the people of Ghana,” stated a GBA announcement issued on Thursday, April 24.
President John Dramani Mahama, in accordance with Article 146(6) of the Constitution and after consultation with the Council of State, has determined that a prima facie case exists regarding three petitions against the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo.
In a statement issued on Tuesday, April 22, it was noted, “Pursuant to Article 146(10) of the Constitution and based on the advice of the Council of State, the President has issued a warrant to suspend the Chief Justice with immediate effect, pending the outcome of the committee's proceedings.”
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The statement, signed by the Minister in Charge of Government Communication, Felix Kwakye Ofosu, also revealed that the President has constituted a committee, in compliance with Article 146(6) of the Constitution and in consultation with the Council of State, comprising the following members to inquire into the petitions:
1. Justice Gabriel Scott Pwamang, Justice of the Supreme Court – Chairman
2. Justice Samuel Kwame Adibu-Asiedu, Justice of the Supreme Court – Member
3. Daniel Yaw Domelevo (Former Auditor-General) – Member
4. Major Flora Bazwaanura Dalugo (Ghana Armed Forces) – Member
5. Professor James Sefah Dzisah (Associate Professor, University of Ghana) – Member
President Mahama forwarded three petitions calling for the removal of Chief Justice Gertrude Torkornoo to the Council of State for advice, in accordance with Article 146 of the 1992 Constitution. A statement from the Presidency’s Communications Directorate on Tuesday, March 25, 2025, confirmed that the petitions had been submitted by various individuals urging the President to take action against the Chief Justice.
Following constitutional procedures, President Mahama has referred the matter to the Council of State to initiate the consultation process required before any further action can be taken. The Chief Justice has since responded to the petitions.