The legal team of former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo is preparing to challenge the decision of the Committee of Inquiry that led to her controversial removal from office.
The Committee, set up by President John Dramani Mahama to investigate allegations of misconduct against the Chief Justice, submitted its report on Monday, September 1, 2025. The report found Justice Torkornoo guilty of misconduct and recommended her dismissal — a move that has since sparked public debate and legal scrutiny.
However, speaking in an interview on Saturday, September 6, lead counsel and former Attorney-General Nii Ayikoi Otoo described the process as unjust and politically motivated. He said the former Chief Justice intends to clear her name through legal action.
“This is an option we are looking for to get the records straight,” Mr. Otoo said. “When Dr. Danquah went to court to talk about Re: Akoto and that there was the abuse of a fundamental human right, people did not take him seriously. But today, people are praising him for having fought that good fight. So, we will go to court at the right time.”
A Test of Constitutional Boundaries
If filed, the case is expected to become a landmark test of the powers of the Executive over the Judiciary, and the constitutional protections afforded to judicial office holders in Ghana’s Fourth Republic.
Legal analysts say the challenge could also determine whether the current framework for removing a sitting Chief Justice offers sufficient safeguards for judicial independence — a matter increasingly under the spotlight.
Mounting Public Debate
The announcement follows strong criticism from several public figures, including veteran journalist and former Judicial Council member Elizabeth Ohene, who earlier this week called the removal a “short-term, high-handed enterprise” that could have long-term consequences for Ghana’s democratic institutions.
The controversy centers around a petition reportedly filed by businessman Daniel Ofori, citing 21 allegations of misconduct. Critics argue that many of the issues raised were administrative in nature and had previously been addressed by the Judicial Council.
As the former Chief Justice’s legal team prepares to challenge the process, the case is poised to become a defining moment in Ghana’s ongoing conversation about the balance of power, rule of law, and the independence of the judiciary.
