By: Franklin ASARE-DONKOH
Members of the Article 146 Committee of Inquiry set up by President John Dramani Mahama to handle the petition for the removal of the embattled Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, say they restrained themselves from reacting when blatantly false statements were made about them and their work.
The Chairman of the Committee, Justice Gabriel Scott Pwamang of the Supreme Court, presenting his team’s final report to the President, Mr John Dramani Mahama, in Accra on Monday, September 1, 2025, hinted that members were clear in their minds about what was required of them and, for that reason, they turned a blind ear to all the blatant falsehoods peddled against them.
Justice Pwamang, after presenting the report to the President, said: “To the committee, our mandate and remit as set out under Article 146 Clauses (7) and (8) of the Constitution is clear, and it is to inquire into the petitions in camera, hear the person against whom the petitions have been brought in her defence by herself or by a lawyer or other expert of her choice, and then to make a recommendation to the President.”
Below is his full speech:
Your Excellency John Dramani Mahama, President of the Republic of Ghana, the Chief of Staff, the Attorney-General and Minister of Justice, other Ministers of State present, Legal Counsel to the President, Lawyer Marietta Brew, and other officials of the Presidency, representatives of the media present, ladies and gentlemen.
Mr President, in March this year, you received three petitions pursuant to Article 146 of the 1992 Constitution for the removal of Chief Justice Gertrude A. E. Sackey Torkornoo, and the public was made aware of this fact. The subsequent processes, as dictated by the Constitution and the decisions of our Supreme Court, were followed, culminating in the establishment of our committee under Article 146, Clause 6 of the Constitution.
The nation was further duly informed, and when we commenced our work on 15th May 2025, the Minister of State for Government Communications was briefed, and he notified the public about it.
There has been considerable interest in our work, shown through comments and opinions by Ghanaians and international observers as well. However, the committee restrained itself all along from reacting, even when blatant false statements were made about members of the committee and our work.
To the committee, our mandate and remit as set out under Article 146 Clauses (7) and (8) of the Constitution is clear, and it is to inquire into the petitions in camera, hear the person against whom the petitions have been brought in her defence by herself or by a lawyer or other expert of her choice, and then to make a recommendation to the President.
As I have said supra, three petitions were referred to us, and though all three petitions seek the same relief, each petition is distinct and would succeed or fail on its individual strengths and weaknesses.
Mr President, without disclosing the substance of the proceedings—and since in camera proceedings are not the same as secret—we can state that in respect of the first petition, we received evidence from Mr Daniel Ofori, the first petitioner, through thirteen witnesses. Similarly, the Chief Justice, in her defence, also called twelve witnesses, including expert witnesses, as she is entitled to do under the Constitution.
The Chief Justice testified personally at the inquiry and was cross-examined. The committee received about 10,000 pages of documentary exhibits from both sides. Four lawyers represented the first petitioner, and four lawyers represented the Chief Justice.
Mr President, after critical and dispassionate examination and assessment of all the evidence, including the expert evidence, against the provisions of the Constitution and the relevant laws, we have, without fear or favour, arrived at a recommendation on the first petition. The recommendation is contained in this envelope, which we hereby hand over to you.
The second petitioner, as well as the Chief Justice, pleaded with the committee that the second petition, which would have been next to be inquired into, be adjourned, and we acceded to their requests.
Accordingly, we shall be reporting on the second and third petitions in due time.
Thank you, Mr President.
