In what can be regarded as unprecedented and a subtle indictment of the head of the country’s judiciary, President John Mahama, on Tuesday, announced the suspension of the Chief Justice of Ghana, Justice Gertrude Torkornoo, following her alleged involvement in misconduct and ongoing investigation against her.
The President’s action against Ghana’s Chief Justice was sequel to three separate petitions seeking for her removal.
Some of the allegations against the Justice Torkornoo include her tampering with court records and misuse of public funds.
A statement by the spokesman for President Mahama further disclosed that , “In consultation with the Council of State, it has been determined that a prima facie case has been established” and that Torkornoo would be suspended while she is investigated.
But the specific details of the allegations that the five-member investigative committee will probe have not been made public.
The office of the Chief Justice in Ghana enjoy security of tenure – meaning the occupier of the office can only be removed from office on very few grounds which may include incompetence and misbehaviour.
The content of the petitions has not been made public and she is yet to comment while Ghana’s former Attorney General has claimed her suspension is an attempt to undermine the judiciary.
President Mahama, who was sworn in January, has promised a crackdown on graft in the west African nation.
The investigative committee is being led by Supreme Court Justice Gabriel Pwamang while the panel also includes former auditor-general Daniel Domelevo.
Torkornoo, 61, was appointed in June 2023, becoming Ghana’s 15th Chief Justice and the third woman to hold the post.
It is instructive to note that past judicial leaders have left through retirement or political upheaval but her suspension is the first time a sitting chief justice faces formal investigation through a constitutional process.
Torkornoo is Ghana’s third female Chief Justice and was nominated in 2023 by former President Nana Akufo-Addo. It is her responsibility to oversee the administration of justice in Ghana.
Torkornoo was reported to have survived a removal request earlier this year when former President Akufo-Addo said a petition to have her dismissed had “several deficiencies”.
Incidentally, copies of the three recently filed petitions against Torkornoo were not initially made available to her.
But some lawyers have argued that withholding the documents was a violation of Torkornoo’s right to a fair hearing.
Copies of the petition were said to have been made available to her, allowing her to respond to the allegations privately and in writing.
Torkornoo will be invited by the five-member committee to respond again to the petitions before a final decision is reached as to whether or not she should be removed permanently from office.
