Unconfirmed reports on social media indicate that President John Dramani Mahama has suspended the Chief Justice, Justice Gertrude Torkornoo.

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If the reports are true, it would mean the President, with the advice of the Council of State, has concluded that there is a case for the removal of Justice Torkornoo based on a petition submitted by renowned US-based Ghanaian academic, Stephen Kwaku Asare, also known as Kwaku Azar.

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Although the details of Azar’s current petition are unknown, a similar petition he submitted to former President Nana Addo Dankwa Akufo-Addo in 2024, which was dismissed, accused the Chief Justice of interfering in cases by reconstituting the panel of judges presiding over them.

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According to Azar, the Constitution clearly states that no person, including the President, Parliament, or the Chief Justice, shall interfere with judges, judicial officers, or others exercising judicial power in the performance of their duties (Article 172(2)).

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He contends that reconstituting panels under the guise of administrative power is a glaring abuse of office and a fundamental misunderstanding of the Chief Justice’s administrative boundaries.

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This abuse, in his view, constitutes stated misbehaviour and warrants removal.

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Cases highlighted in the petition:

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1. Transfer of judge in the Opuni trial

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Azar cited the trial of former COCOBOD CEO, Dr. Stephen Opuni (The Republic v. Stephen Kwabena Opuni, Seidu Agongo, Agricult Ghana Ltd), as a clear example of the Chief Justice abusing her administrative powers.

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He alleges that she reconstituted a Supreme Court panel already seized of the matter.

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Justice Honyenuga, who originally presided over the trial, retired. The case was reassigned to Justice Kwasi Anokye Gyimah, who ruled on April 4, 2023, that the trial should start afresh (de novo), taking into account witness demeanour and fairness concerns raised by the defence. This approach is standard in criminal trials.

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However, the Attorney General appealed this ruling. On July 3, 2023, the Court of Appeal ruled that the High Court should adopt the previous proceedings, calling the decision to restart the case a misdirection.

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Subsequently, the Chief Justice transferred Justice Anokye Gyimah to Kumasi and appointed Justice Aboagye Tandoh from Winneba to take over.

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No explanation was given for this transfer, sparking public suspicion that it was politically motivated.

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2. Reconstitution of panel in Dr Opuni's appeal

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Dr Opuni’s legal team, led by lawyer Samuel Codjoe, filed an interlocutory appeal at the Supreme Court on July 7, 2023, challenging the Court of Appeal’s decision. A hearing began on January 17, 2024, with a five-member panel.

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However, on May 8, 2024, the Chief Justice controversially reconstituted the panel, retaining only two of the original members and presiding over the new panel herself. Codjoe objected, citing Article 157(3) of the Constitution, which prohibits a judge or panel from withdrawing after hearing arguments.

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Despite the objection, the reconstituted panel dismissed the appeal on June 19, 2024, upholding the Court of Appeal’s ruling.

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Critics argued that the Chief Justice had no administrative authority to reconstitute the panel without justification, suggesting a usurpation of judicial power.

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3. The Ablakwa case

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On June 25, 2024, lawyers for the MP for North Tongu objected to a reconstituted Court of Appeal panel. They noted that the original panel, Justices Senyo Dzamefe (Presiding), Alia Serwaa Asare-Botwe, and Archer, had been replaced by Justices Pamela Koranteng (Presiding) and Kweku Ackaah Boafo, with only Asare-Botwe remaining.

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The objection was dismissed, but later evidence revealed that Justice Dzamefe had been directed to return the docket to the Chief Justice.

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He is expected to be subpoenaed to testify.

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4. Republic v. Elisha Mahama & two others

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On May 22, 2024, during proceedings in the Wa High Court, it was announced that the Chief Justice had directed that, following the committal proceedings in Wa, all further proceedings be transferred to Kumasi.

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This decision drew widespread criticism from the Upper West Region, given that the crime took place in Wa, and most witnesses and the prosecution resided there.

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Although the Chief Justice eventually reversed the decision, the original directive was seen as arbitrary and unreasonable.

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5. Vacant seat case

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The Chief Justice also came under fire for her handling of a case filed by the MP for Effutu, challenging the declaration of four vacant parliamentary seats by Speaker Alban Bagbin.

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Critics questioned the speed with which the case was heard and accused her of prioritising a case aligned with the then-ruling New Patriotic Party (NPP).

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She was also criticised for declaring that Ghana was in a constitutional crisis due to Parliament not sitting.

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Speaker Bagbin refuted this, stating: “There is no constitutional crisis.”

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He explained that Parliament had been adjourned sine die to allow leadership to resolve the impasse surrounding the seats.

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