A former Deputy Attorney-General (A-G), Alfred Tua Yeboah, has described the advice to suspend the Chief Justice given by the Council of State as acidic and poisonous.
He stated that the Council of State needed to tread cautiously, because whatever decision they had to take was going to have far-reaching consequences.
“If you take the Chief Justice out and you want to advise for her suspension, the Council of State need to tread cautiously, because whatever decision they take has far-reaching consequences, so far as judicial independence in Ghana is concerned. That is why I have stated elsewhere that the decision of the Council of State is very acidic, very poisonous,” he said.
He added “And it has future consequences which are so dire when it comes to Ghana’s democracy. The Constitution stipulates that the Council of State will have to advise the President. That advice is not binding on the President, the buck stops with the President.”
He told Accra-based Citi FM on Tuesday, April 22 that “I think that moving forward, we need to look at situations where that discretion needs to be exercised properly.”
Another private legal practitioner, Austin Brako-Powers, also criticised President John Dramani Mahama for suspending the Chief Justice.
In his view, the suspension is a needless spectacle to satisfy the government’s grassroots.
President John Dramani Mahama has, in accordance with Article 146(6) of the Constitution and in consultation with the Council of State, determined that a prima facie case has been established in respect of three petitions against the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo.
A statement issued on Tuesday, April 22 said, “Pursuant to Article 146(10) of the constitution and in accordance with the advice of the Council of State, the President has by a warrant, suspended the Chief Justice with immediate effect pending the outcome of the committee’s proceedings.”
The statement, which was signed by the Minister in Charge of Government Communication, Felix Kwakye Ofosu added that, “The President has consequently, established a committee in compliance with Article 146(6) of the Constitution and in consultation with the Council of State with the following composition to inquire into the petitions which have been referred to them.
1. Justice Gabriel Scott Pwamang, Justice of the Supreme Court – Chairman
2. Justice Samuel Kwame Adibu-Asiedu, Justice of the Supreme Court – Member
3. Daniel Yaw Domelevo (Former Auditor-General) – Member
4. Major Flora Bazwaanura Dalugo (Ghana Armed Forces) – Member
5. Professor James Sefah Dzisah (Associate Professor, University of Ghana) – Member.”
President Mahama forwarded three petitions calling for the removal of Chief Justice Gertrude Torkornoo to the Council of State for advice, in accordance with Article 146 of the 1992 Constitution.
A statement from the Presidency’s Communications Directorate on Tuesday, March 25, 2025, confirmed that the petitions had been submitted by various individuals, urging the President to take action against the Chief Justice.
Following constitutional procedures, President Mahama has referred the matter to the Council of State to begin the consultation process required before any further action can be taken.
The Chief Justice subsequently responded to the petition.
In a Facebook post, Lawyer Brako-Powers said, “I have always maintained, and it bears repeating, that the use of executive power to settle political scores should not be entertained in our democracy. Trust in the Executive and the Legislature is at its lowest in our country’s history, and we must hesitate to add the Judiciary to these two failed governmental organs. If we allow political power to bastardise the Judiciary, the country’s last bastion of hope, that will mark the end of our democracy.”
