Chief Justice Gertrude Araba Esaaba Sackey Torkornoo has been removed from office after a committee set up under Article 146 of the 1992 Constitution found her guilty of gross misconduct and stated misbehaviour.

The dismissal followed the petition filed on March 17, 2025, by Mr Daniel Ofori, who accused the Chief Justice of abuse of office and violation of constitutional procedures.

President John Dramani Mahama, after consulting the council of state and establishing that a prima facie case had been made, constituted a five-member committee to investigate the claims.

The committee, chaired by Justice Gabriel Scott Pwamang of Supreme Court, included Justice Samuel Kwame Adibu Asiedu, former Auditor-General Daniel Yaw Domelevo, Major Flora Bazawaanabua Dalugo of the Ghana Armed Forces, and Professor James Sefee Dzisi of the University of Ghana.

After a full inquiry, the committee's report pointed to several breaches that, in its view, amounted to stated misbehaviour under Article 146(1) of the Constitution and they are;

"[1.9]. In the opinion of the committee, the travel expenses which the Chief Justice heaped on the Judicial Service when she travelled on holidays in September 2023, first to Tanzania with her husband and second, to the United States of America with her daughter, together with the payment of per diem to the spouse and daughter of the Chief Justice, constitute unlawful expenditure of public funds, It cannot be justified in law or policy. Those acts constitute avoidable and reckless dissipation of public funds and, in the view of the committee, to have been occasioned by the overall head of the Judiciary and the Judicial Service, whose duty it is to guard public resources allocated by the Government, is caught within the spectrum of stated misbehaviour.”

“[3.4.] The committee states without fear or favour that the Chief Justice unjustifiably breached the provisions in article 296(a) and (b) of the Constitution, 1992, in the way and manner that she transferred Mr. Baiden. Her conduct amounted to misbehaviour.”

“[6.7]. The committee is of the view that the conduct of the Respondent squarely in the category of conduct described as stated misbehaviour under article 146(1) of the Constitution.”

“[7.5]. The committee is of the opinion that the action and conduct of the Chief Justice falls within the meaning and categories of stated misbehaviour as provided under article 146(1) of the Constitution, 1992.”

“[9.5.] … However, the Chief Justice, qua Chief Justice, cannot lay claim to ignorance of the nomination process and procedure, notwithstanding the fact that the process and procedure are not spelt out in the Constitution but are clear. The appointment of the Chief Justice herself as a Justice of the Supreme Court went through the very process and procedure set out in the Ghana Bar Association case. Therefore, to seek, wittingly, to abort this known process and procedure for appointing Supreme Court Justices amounts to misbehaviour in the eyes of the Committee and the Committee finds it as such.”

“[14.1]. In view of the findings of the Committee in paragraphs 1.9, 3.4, 6.7, 7.5, and 9.5 above, the Committee recommends to the President in accordance with Article 146(7) of the Constitution, that Chief Justice Gertrude Araba Esaaba Sackey-Torkornoo ought to be REMOVED from office.”

Based on these findings, the committee recommended her removal. Acting in line with Article 146(9), President John Dramani Mahama, by Warrant of Removal under his hand and the Presidential Seal, effected her removal from office as Chief Justice and Justice of the Supreme Court of Ghana yesterday.

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 the 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.

In response, the Attorney General (A-G), Dr. Dominic Ayine 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.

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 the 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.

In response, the Attorney General (A-G), Dr. Dominic Ayine 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.

Meanwhile, former President Nana Akufo-Addo earlier this year, rejected a petition seeking to remove Chief Justice Torkornoo. After consultations with the Council of State, he determined that the petition, submitted by Prof. Stephen Kwaku Asare, lacked merit and did not establish a prima facie case for further investigation.