President John Mahama has dismissed Ghana’s Chief Justice, Gertrude Torkornoo, following the recommendation of a presidential commission of inquiry which found her guilty of “stated misbehaviour.”foreign
Torkornoo, the country’s third female chief justice and the first to be investigated and removed from office, had been on suspension since April after three separate petitions were filed against her. The commission, which reviewed over 10,000 pages of evidence and heard testimony from 25 witnesses, concluded that she had engaged in financial impropriety and abuse of office.
According to the inquiry’s findings, Torkornoo used public funds to finance private trips to Tanzania and the United States, during which her husband and daughter allegedly received allowances from state resources. She was also accused of sidestepping established procedures in the appointment of Supreme Court judges and abusing her authority in the transfer of a judiciary staff member.
The presidency stated on Monday that Mahama was constitutionally bound to act on the committee’s recommendations, which also led to Torkornoo’s removal as a judge of the Supreme Court.
Torkornoo, however, has strongly denied the allegations, describing them as politically motivated. Her legal representatives argue that the process was unfair and have vowed to challenge her dismissal in court.
The decision has sparked sharp criticism from legal experts, opposition groups, and civil society, with many warning that it could set a dangerous precedent for judicial independence. Alfred Tuah-Yeboah, a former deputy attorney general, described the move as “a dangerous precedent,” saying the grounds for removal fell short of the constitutional threshold.
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The opposition New Patriotic Party had earlier condemned her suspension in April as a “political witch hunt,” while several lawsuits filed to challenge the inquiry were unsuccessful.
Critics argue that the case exposes gaps in Ghana’s legal framework, as the constitution does not clearly define what constitutes “stated misbehaviour,” leaving it open to interpretation and possible manipulation by the executive. William Nyarko, Executive Director of the Africa Centre for Law and Accountability, has called for a reform of the law governing the removal of chief justices, citing Kenya’s system, where the Judicial Service Commission plays a central role, as a model that better safeguards judicial independence.
Torkornoo, nominated in 2023 by former President Nana Akufo-Addo, has previously faced petitions for removal, including one dismissed under Akufo-Addo’s tenure due to “several deficiencies.” She had also faced accusations of bias in her rulings from the current governing party, then in opposition.
While she still has the option to challenge her removal in court, observers believe she is unlikely to succeed. The development has intensified concerns about the balance of power in Ghana, with critics warning that executive interference in the judiciary risks eroding public trust in the country’s democratic institutions.
