The Ghana Bar Association (GBA) has called on persons involved in the process to remove the Chief Justice and her suspension to act in ways that enhance the image and independence of the judiciary.
The GBA said in relation to the suspension of the Chief Justice that while it recognises the constitutional prescriptions for the removal of the Chief Justice under Article 146 (6) to (10) of the Constitution, and mindful of the fact that presently, the entire matter is sub Judice, it is their hope and belief that the actors involved in the whole process would have the time tested tenets of the Rule of Law as their guiding principles and in its application, follow the Spirit of the Law.
“It is expected that persons who play even the minutest role in this process will bear in mind Article 296 of the 1992 Constitution on the exercise of discretion and will act in a manner that safeguards and enhances the independence and image of the Judiciary. Justice emanates from the good people of Ghana and is administered by the Judiciary headed by the Chief Justice.
“The GBA shall carry out its mandate to defend, strengthen and enhance confidence in the justice delivery system in Ghana. The GBA shall remain the conscience of society, the voice of the voiceless and act to safeguard the Rule of Law and uphold the Constitution of the Republic which embodies the wishes and aspirations of the people of Ghana,” a statement issued on Thursday April 24 said.
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.
