By: Barbara Kumah
Suspended Chief Justice Gertrude Torkornoo says President John Mahama acted arbitrarily in his decision to suspend her from office because of the three petitions calling for her removal on grounds of stated ‘misbehaviour’ and ‘incompetence.’
According to her, the decision to suspend her in the absence of a reasoned prima facie determination constitutes a flagrant violation of the 1992 Constitution and the principle of fairness.
She argues that the process governing the potential removal of the Chief Justice must be conducted with utmost circumspection and fidelity to constitutional safeguards, including rigorous adherence to substantive due process and administrative justice.
Justice Gertrude Torkornoo, makes these claims in a statement of case to a suit contesting her suspension as Chief Justice in April.
The Chief Justice, Justice Gertrude Torkornoo, was suspended by President John Mahama on April 22, 2025, following the establishment of a five-member committee to probe the three petitions calling for her removal from office.
The suspension followed the finding of prima facie by the Council of State following the submission of the three petitions by President John Dramani Mahama.
On the back of her suspension, Justice Torkornoo filed a suit at the Supreme Court challenging the processes leading to her suspension and joined a motion for interlocutory affidavit, which has been dismissed by the court.
The statement of case for the substantive suit, filed by lawyers of the Chief Justice, argues that President Mahama’s failure to carry out a proper prima facie determination to a quasi-judicial or judicial process before suspending her violated constitutional provisions, including fairness and the exercise of discretion.
It also avers that the Chief Justice has a right to challenge the validity of the President’s prima facie determination, especially where the determination is the ground on which further consequential actions such as suspension and establishment of the committee are based.
She argues further that a prima facie determination devoid of any reasoning is no determination and that the terse statement from the Presidency announcing that a prima facie case had been established does not amount to a constitutionally compliant decision.
Per her argument, it neither enables the Chief Justice to understand the basis for the determination nor allows her to assess whether the threshold for setting up a committee under Article 146(6) has been properly met.
Justice Torkornoo, is also challenging the constitutionality of the committee and the decision by the President to appoint Justice Gabriel Scott Pwamang as the Chairman and Justice Samuel Asiedu both justices of the Supreme Court, as a member.
She claims Justice Pwamang had heard issues raised by two of the petitioners and Justice Asiedu on the hand was part of a panel that part-heard an application challenging the petitions.
According to her, the argument is not that no Justices of the Supreme Court may serve on such a Committee, but rather that only those Justices who are not in any way directly or indirectly connected to the subject petitions or related proceedings may lawfully do so.
The sanctity of impartial adjudication and the institutional integrity of the Judiciary requires no less,” she argues. Justice Torkornoo, further states that the failure of the three other members of the committee, that is Daniel Yaw Domelevo, Major Flora Bazaanura Dalugo and Prof. James Sefah Dzisah to take and subscribe to the Judicial Oath prior to participating in the proceedings of the committee is a fatal breach of a constitutional and statutory requirement, rendering their participation unconstitutional and the committee improperly constituted.
On the public hearing of the proceedings, Justice Torkornoo also argues that since it is her rights, reputation and office that are directly at stake, she must be deemed to have the constitutional right to waive the in-camera requirement, seen as the petitions and her responses haven allegedly leaked to the public and has been discussed on several platforms.
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