Professor Aaron Mike Oquaye, a former Speaker of Parliament, has cast doubt on the efficacy of the defense Chief Justice Gertrude Torkornoo will put before the committee handling the petitions calling for her removal.
He believes once the President decides the Chief Justice should step down, there’s no defense she can mount to exonerate herself from the charges.
According to him, an in-camera hearing in a country where public matters are often shrouded in controversy wouldn’t provide the transparency and accountability she requires.
He believes that once the petition has been forwarded by the Executive to the Council of State, given that a prima facie case has already been established, there’s little the CJ can do to remain in office.
“…it means therefore that once the President decides you should go, you’re on your way out,” he stated, adding that, “if it is going to be a secret trial, I won’t appear.” He said in an interview on Accra-based JoyNews Thursday, May 8, 2025.
He noted that the best he would have done in the CJ’s position would be to resign from the office, citing the case of a former Justice of the Supreme Court who resigned after undergoing similar circumstances at his time.
“There was a time that Supreme Court, Justice Amoah Sakyi, –the right to demonstrate and some of the early Supreme Court cases, he expounded the law and for that matter enhanced the human rights of Ghanaians but some people didn’t like him at that time. At one time there was an attempt to get rid of him in this way and then, a good-old well established lawyer at that, when they were in the process of going to do empanelment
He also added that the nature of the probe itself leaves much to be desired, considering how matters of public interest fare in the country.
According to him, “putting a person in a room, coming out thereafter to say what occurred there, when in this country, we have so much controversy over matters that even all of us are seeing and hearing. You’ll be surprised at all the interpretations.”
He insisted that the process does not truly address the rights of the victim which he says should be properly examined.
“I wouldn’t want to single out any particular event but as a matter of general principle, no Ghanaian would like to go through that process. It is a very important principle and a human rights issue and that’s why I said that human rights of the person who is the victim and accused in this case must be seriously examined with that fair and open trial,” he stated.
The discussion follows the suspension of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, by President John Dramani Mahama. The decision followed the establishment of a prima facie case in response to three separate petitions seeking her removal from office.
The decision, in line with Article 146(6) of the 1992 Constitution and taken in consultation with the Council of State, was announced on Tuesday, April 22, 2025, marking a significant moment in Ghana’s judicial history, as the head of the Judiciary faces an inquiry into her conduct.
Although the specific allegations contained in the petitions have not been publicly disclosed, they have stirred widespread debate within the legal and political circles, raising questions about judicial accountability and integrity of the judiciary’s leadership.
In accordance with constitutional procedures, Chief Justice Torkornoo was furnished with copies of the petitions and given 10 days to respond, which she submitted on April 7, 2025.
Following a review of the response and further consultations, the President determined that a prima facie case had been established. Consequently, a five-member committee was constituted under Article 146(6) to investigate the matter.
The committee is composed as follows:
Justice Gabriel Scott Pwamang, Justice of the Supreme Court – Chairman
Justice Samuel Kwame Adibu Asiedu, Justice of the Supreme Court – Member
Daniel Yaw Domelevo, Former Auditor-General – Member
Major Flora Bazwaanura Dalugo, Ghana Armed Forces – Member
Professor James Sefah Dzisah, Associate Professor, University of Ghana – Member
Per Article 146(10) of the Constitution and upon the advice of the Council of State, the President issued a warrant for the suspension of the Chief Justice pending the outcome of the committee’s investigations.
