Justice Gertrude Esaaba Araba Sackey Torkornoo has cited some six violations allegedly meted against her by the committee set up by President John Dramani Mahama to probe the petitions seeking her removal.

Engaging the media on June 25, the suspended Chief Justice reiterated allegations of unconstitutionality with regard to the process of her removal, as well as infringement of her rights during the hearing by the committee set up by the president.

These violations include:

the Committee’s refusal, in breach of the rules of natural justice, to recognise my counsel on the first day of proceedings simply because I was not personally present, and proceeding to fix hearing dates and make arrangements for the hearing without involving my counsel, even though he was physically present;

the committee’s failure to indicate the specific allegations in respect of which a prima case has been established as well as the reasons for same, to enable me to determine my legal rights or adequately prepare a defence to the charges against me;

the committee’s decision to permit two of the petitioners (Mr. Daniel Ofori and Shining Stars) not to testify to enable me cross-examine them on their petitions;

a denial of opportunity to be in the hearing room with my husband or a close family member;

a thorough search on my body and handbags in violation of protocols and courtesies extended to the Chief Justice in honour of the country, domestically and internationally;

the conduct of the hearings in a cordoned high security zone on Castle Drive, Osu, when all Article 146 proceedings since 1993, had been held in a judicial facility at the Judicial Service, Accra. It is clear that the choice of venue, against the background of the secrecy of proceedings, was intended to intimidate me and to prevent any citizen of Ghana from knowing how the proceedings are being conducted.

Expatiating on the use of the Adu Lodge, the suspended Chief Justice views it as a means to intimidate her during the process since the facility was used during the planning of a plot to kill judges in 1981.

"It will be recalled that Major Sam Acquah, the military officer who was killed with the three High Court Judges, had been the Director of Human Resources of GIHOC. He was my uncle and my guardian when I entered the University of Ghana in September 1980.  I was also living with him at the time he was abducted and murdered."

"Was Adu Lodge chosen for this inquiry to make me feel insecure? I think so. And I continue to hold the view that there is no reason to hold a quasi judicial hearing behind the high walls of Adu Lodge," she remarked.

Background

On May 21, Justice Torkornoo filed an injunction application, which, among other things, questioned the constitutionality of the committee’s formation and the legality of her suspension announced in April.

The five-member committee includes Justice Gabriel Scott Pwamang—Supreme Court Justice (Chairman), Justice Samuel Kwame Adibu-Asiedu—Supreme Court Justice, Daniel Yaw Domelevo—Former Auditor-General Major Flora Bazwaanura Dalugo, Ghana Armed Forces Representative Prof. James Sefah Dzisah, and Associate Professor at the University of Ghana.Justice Torkornoo requested the apex court to bar Gabriel Scott Pwamang and Samuel Adib-Asiedu from sitting on the case, citing a conflict of interest.

She again argued that Justice Samuel Kwame Adibu-Asiedu also served as a Supreme Court panel member who presided over a related injunction application.

The suspended Chief Justice also raised questions about the eligibility of the three remaining committee members, Daniel Yao Domelovo, Major Flora Bazwaanura Dalugo, and Prof. James Sefah Dzisah, under Articles 146 (1), (2), (4), 23, and 296 of the Constitution and sections of the Oaths Act, 1972.Article 23—This article guarantees administrative justice, stating that all administrative bodies and officials must act fairly and reasonably and comply with the law.

Article 296—This provision regulates the exercise of discretionary power by public officials, requiring them to act fairly, transparently, and without bias. It prevents arbitrary decision-making and ensures that discretion is exercised within legal limits.

Oaths Act, 1972—This law governs the oaths of office taken by public officials, ensuring they uphold their duties with integrity.

The Attorney-General, in response to Madam Torkonoo’s interlocutory injunction, also filed an affidavit on May 26, stating that there is no basis in law for the two Supreme Court judges to be restrained from participating in the petition probe.

The Supreme Court on May 28 dismissed a supplementary affidavit filed on May 26, where the suspended Chief Justice made allegations of rights abuse by the committee.

Justice Torkonoo alleged she was subjected to mental torture at the hearing. According to her, upon her arrival at the venue set for her hearing, she was made to go through a body search, her phones and laptops were collected, and her spouse and children were denied access to the room.

According to the apex court, the events referenced happened before the committee investigated the petitions for her removal — proceedings that, by law, are expected to be held in camera.

Making a case for the chair of the committee, Justice Pwamang, argued that his participation in cases put before the courts by one of the petitioners cannot constitute evidence of bias.

Regarding Justice Samuel Adibu Asiedu, the Attorney-General indicated that he did not participate in the injunction hearing and can therefore not be barred.

The Attorney-General further noted that members of the committee have all taken the necessary oath of office, contrary to claims by the Chief Justice.

So far, the Supreme Court has dismissed four suits filed against the petitions seeking the removal of the Chief Justice.

Justice Torkornoo was appointed as Ghana’s 15th Chief Justice in June 2023, succeeding Justice Kwasi Anin-Yeboah. Her appointment marked her as the third woman to serve in the role in Ghana’s history.