The five-member committee, Article 146 Committee of Inquiry tasked to probe petitions seeking the removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, has concluded its investigations.The committee has described the first petition submitted by a Ghanaian citizen, Daniel Ofori, which called for the Chief Justice’s removal as valid.

Daniel Ofori’s petition was filed under Article 146 of the 1992 Constitution, which outlines the process for removing a Chief Justice on grounds such as “stated misbehaviour” and “incompetence.

“I, the undersigned, respectfully petition Your Excellency for the removal of the Honourable Chief Justice of the Republic of Ghana, Her Ladyship Gertrude Sackey Torkonoo CJ on grounds of “stated misbehaviour” and “incompetence” under Article 146 (1) of the 1992 Constitution of the Republic of Ghana.

“ I state below twenty-one (21) specific allegations of misbehaviour of the Honourable Chief Justice and four (4) allegations of incompetence, all of which relate to the Honourable Chief Justice’s discharge of her administrative roles and functions as head of the Judiciary, responsible for its supervision and administration,” part of his petition read.

However, a press statement issued by the presidency and signed by the Spokesperson to the President, Felix Kwakye Ofosu on Monday, September 1, indicated that the committee found that the grounds of stated misbehaviour under Article 146(1) had been established.

“This follows receipt of the report of the Committee constituted under Article 146(6) to inquire into a petition submitted by a Ghanaian citizen, Mr Daniel Ofori. After considering the petition and the evidence, the Committee found that the grounds of stated misbehaviour under Article 146(1) had been established and recommended her removal from office,” part of the statement read.

The committee further recommended that the Chief Justice be removed from office. The President upon the recommendations received from the committee today, Monday, September 1 relieved the suspended Chief Justice Getrude Tokornoo of her duties with immediate effect.

The Chief Justice was earlier suspended by President Mahama on Tuesday, April 22, after a prima facie case was established, following separate petitions calling for her removal.

A series of petitions filed against Chief Justice Torkornoo, beginning with one from a group known as Shining Stars of Ghana.

The group alleges she violated Article 144 of the Constitution by personally recommending judges for promotion to the Supreme Court, and further claims she ruled on a case involving the Speaker of Parliament without granting him a hearing, despite his refusal to respond to the suit.

A series of petitions filed against Chief Justice Torkornoo, beginning with one from a group known as Shining Stars of Ghana. The group alleges she violated Article 144 of the Constitution by personally recommending judges for promotion to the Supreme Court, and further claims she ruled on a case involving the Speaker of Parliament without granting him a hearing, despite his refusal to respond to the suit.

The group alleges she violated Article 144 of the Constitution by personally recommending judges for promotion to the Supreme Court, and further claims she ruled on a case involving the Speaker of Parliament without granting him a hearing, despite his refusal to respond to the suit.

Another petition from a police officer who is also a lawyer accuses the Chief Justice of manipulating evidence and abusing her authority, following an incident during a Supreme Court session where he was reportedly reprimanded, arrested, and detained.

However, court records suggest the lawyer’s conduct during proceedings prompted a unanimous caution from the bench, not just the Chief Justice.

A third petition, submitted by a private individual, lists 21 alleged misconducts and four claims of incompetence. Among the accusations is the misuse of public funds—specifically, that she spent over GH¢261,000 and $30,000 on a family trip abroad in 2023 and misused an additional GH¢75,580 and $14,000 during another foreign assignment without proper accountability.

Subsequent reports indicate two more petitions have been added to the list, intensifying pressure on the judiciary.

Chief Justice Gertrude Torkornoo, in her written response to President Mahama, strongly denied allegations of misconduct and abuse of office brought against her by a senior police officer, describing them as baseless and lacking grounds for her removal from office.

In July, an application for review regarding an ‘abuse of court processes’ by the embattled Chief Justice, Justice Gertrude Torkornoo, was dismissed by the Human Rights Division of the Accra High Court.

The court presided over by Justice Amoako on Thursday, July 31, revealed that several claims, such as illegal composition of the committee and wrongful conduct of adversarial proceedings, were already before the Supreme Court.

Justice Amoako argued that relitigating these issues would result in duplication of litigation and abuse of court processes. As such, such claims were dismissed.

The judge also dismissed reliefs such as an order of certiorari to quash the committee’s proceedings and nullify its sittings on the basis that the Chief Justice did not receive a fair hearing, on jurisdictional grounds.

The judicial review application filed on June 9 this year sought nine reliefs, which included a series of declarations that the Article 146 committee set up to probe her removal from office had acted unlawfully.

She wanted the court to prevent the committee from proceeding with its work without providing her with authenticated copies of the petitions seeking her removal and the subsequent responses.

The Chief Justice notes that the president's purported prima facie determination contained no reasons or justification and was entirely devoid of the elements of judicial or quasi-judicial reasoning expected under the Constitution.

As the proceedings of the Article 146 committee are to be held in-camera in accordance with Article 146(8) of the Constitution, the court noted that it could not inquire into matters raised by the suspended Chief Justice.

In response, Justice Gertrude Torkornoo proceeded to the ECOWAS Community Court in Abuja, Nigeria, seeking compensation worth $10 million over her suspension from office by His Excellency President John Dramani Mahama.

This forms part of 10 reliefs being requested. The Chief Justice's recent suit follows several unsuccessful cases at the Supreme Court this year after her suspension.

The suspended Chief Justice wants the court to ensure she continues to enjoy the paraphernalia and entitlements of her office as the Chief Justice of Ghana pending the hearing and determination of the case.

The measures are;“That the Republic of Ghana suspend the disciplinary/ removal from office as Chief Justice process against the Applicant, pending the hearing and determination of the complaint on the merits.”

“That Ghana refrains from taking any other measures that may harm the rights claimed by the Applicant and /or aggravate or extend the dispute submitted to the Court, or compromise the implementation of any decision that the Court may render.”

“Given the urgency of the situation, the Applicant respectfully requests the Court to hold a hearing on this request as soon as possible, and that the President of the Court ask Ghana to act in order to allow any order that the Court may issue on the Request for Assignment of Precautionary Measures to have its appropriate effect.”

The other reliefs are as follows;

“A declaration that the panel instituted by the Respondent (Ghana) to investigate and determine the allegations of misconduct against the Applicant was not constituted to guarantee its independence and impartiality and as such has violated the Applicant’s human right to fair hearing guaranteed by Article 7 of the African Charter on Human and Peoples’ Rights.”

“A declaration that the purported suspension of the Applicant as the Chief Justice of the Republic of Ghana by the President of the Respondent State on 22 April 2025, constitutes a violation of her human right to fair equitable and satisfactory conditions guaranteed by Article 15 of the African Charter on Human and Peoples’ Rights.”

"A declaration that the purported suspension of the Applicant as the Chief Justice of the Republic of Ghana by the President of the Respondent State on 22 April 2025 has exposed her to public ridicule and odium locally and internationally and the said act constitutes a violation of her human right to dignity guaranteed by Article 5 of the African Charter on Human and Peoples’ Rights.”

“A declaration that by subjecting the Applicant to an illegal and unfair investigation and trial since April 2025, the Respondent has inflicted injuries on her professional standing and image, thereby ‘exposing her and her family to immeasurable public ridicule.”

“An order to the Respondent Republic to act immediately to prescribe the rule of procedure to govern the investigation of allegations of misconduct against the Chief Justice of the Republic of Ghana in conformity with the right to fair hearing guaranteed by the Constitution of Ghana and the African Charter on Human and Peoples’ Rights.”

“An order directing the Respondent to immediately lift the suspension and restore the Applicant to full office until the conclusion of fair constitutional proceedings.”

“An order restraining the Respondent from continuing with the purported inquiry for the removal of the Applicant as the Chief Justice of the Republic of Ghana in its current form, until it conforms to fair hearing guarantees.”

“An award of USD 10 million as compensation for moral and reputational damages suffered by the Applicant as a result of her illegal suspension and unfair investigation, and lastly, “Any other relief(s) as the Honourable Court deems just.”

The suspended Chief Justice wants the court to ensure she continues to enjoy the paraphernalia and entitlements of her office as the Chief Justice of Ghana pending the hearing and determination of the case. The applicant has also requested the ECOWAS Court to assign four precautionary measures to the country.Meanwhile, the government's spokesperson, Felix Kwakye Ofosu, has refuted claims made by Justice Torkornoo, noting that the Chief Justice's suspension aligns with the constitution.

On Thursday, August 14, the Bar Council of England and Wales and the Commonwealth Lawyers Association called for the immediate reinstatement of Ghana’s Chief Justice by President John Dramani Mahama and the Executive arm of government.

“Immediately and without delay, reinstate the Chief Justice of Ghana to her Office. consistent with both the hitherto strong attachment to the rule of law demonstrated by Ghana and also, the constitutional duties incumbent upon them.

"And afford the Chief justice due and fair process in the investigation and determination of the disciplinary matters brought against her, including but not limited to full and transparent access to that process by her legal representatives,” the group demanded in a joint statement issued on August 14.

Additionally, the group asked the government for a proper and impartial investigation of the disciplinary charges against her, with her lawyers given full and transparent access to the proceedings.

Also both groups demanded the establishment of transparent procedural rules to guide the disciplinary process, including a definite timeframe within which the investigative committee must conclude its work and communicate its decision.

However, Attorney General Dr. Dominic Ayine has emphasised that his outfit can only intervene after the committee concludes its work and submits a report to President John Dramani Mahama.“The suspension will, therefore, remain in effect until the inquiry committee completes its work and submits its report, to which His Excellency, the President will adhere,” he said.