President John Dramani Mahama has officially removed Chief Justice Gertrude Araba Esaaba Sackey Torkornoo from office, following the outcome of a constitutional inquiry into allegations of misconduct and stated misbehaviour.
The removal follows a petition submitted on March 17, 2025, by Mr. Daniel Ofori, a Ghanaian citizen, which called for her dismissal on grounds of abuse of office and unethical conduct. After reviewing her response to the allegations and receiving advice from the Council of State, the President determined that there was sufficient basis to initiate proceedings under Article 146 of the 1992 Constitution.
In accordance with Article 146(6), President Mahama, after consulting the Council of State, constituted a five-member committee to investigate the matter. The committee was chaired by Supreme Court Justice Gabriel Scott Pwamang and included Justice Samuel Kwame Adibu Asiedu, former Auditor-General Daniel Yaw Domelevo, Major Flora Bazaawaanuba Dalugo of the Ghana Armed Forces, and Professor James Sefe Dzisah of the University of Ghana.
Following a thorough investigation, the committee found that Chief Justice Torkornoo had engaged in conduct that amounted to “stated misbehaviour” as defined under the Constitution.
Key Allegations and Findings
The committee’s report highlighted several serious breaches:
Improper Use of Public Funds: The Chief Justice was found to have authorized public funds to cover travel expenses and per diems for her husband and daughter during private holidays in 2023, which the committee deemed a “reckless and avoidable dissipation of public resources.”
Abuse of Discretionary Powers: Her involvement in the transfer of a judicial officer, Mr. Baiden, was ruled unconstitutional, violating Articles 296(a) and (b), which regulate the exercise of discretionary power.
Interference in Judicial Appointments: The report further revealed that she attempted to override established procedures for nominating Supreme Court justices, a move the committee said contradicted legal precedent and amounted to misconduct.
Recommendation and Presidential Action
The committee concluded that Justice Torkornoo’s actions constituted grounds for removal under Article 146(7) and formally recommended that she be dismissed.
In line with Article 146(9), which mandates presidential action upon such a recommendation, President Mahama issued a Warrant of Removal under the Presidential Seal. The dismissal takes immediate effect, ending her service not only as Chief Justice but also as a Justice of the Supreme Court.
This marks a rare and significant development in Ghana’s judicial history, reflecting the constitutional checks and balances designed to uphold accountability at the highest levels of public office.
