By: Henrietta Afful
President John Dramani Mahama has officially constituted a five-member committee to investigate allegations made against Chief Justice Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo. This follows the establishment of a prima facie case after three separate petitions were filed, prompting the President to act in accordance with Article 146 of the 1992 Constitution.
The committee formation comes on the heels of the President’s decision to suspend the Chief Justice with immediate effect, pending the outcome of the investigation.
The suspension, done in consultation with the Council of State, was formalized through a warrant issued under Article 146(10) of the Constitution.
Composition of the Committee
The investigative committee comprises a blend of judicial, administrative, military, and academic expertise:
- Justice Gabriel Scott Pwamang, Supreme Court Judge – Chairperson
- Justice Samuel Kwame Adibu-Asiedu, Supreme Court Judge – 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
The diverse composition of the committee is designed to ensure impartiality, professionalism, and a comprehensive review of the issues raised in the petitions. The panel is expected to assess the substance of the allegations, ensure that due process is followed, and present its findings in accordance with constitutional provisions.
Constitutional Mandate
According to Article 146(6) of the Constitution, once the President determines that a prima facie case has been established against a high-ranking judicial officer, a committee must be set up to investigate the matter further. The Council of State is required to be consulted both in determining the validity of the petitions and in forming the investigative body.
While the Chief Justice’s suspension has stirred political controversy, particularly among the Minority in Parliament who have labeled the move a “brazen judicial coup,” legal experts have emphasized the constitutional legitimacy of the process.
They caution all parties against politicizing the issue and urge respect for Ghana’s rule of law and judicial independence.
Next Steps
The committee is expected to begin its work immediately, conducting hearings, reviewing evidence, and interviewing relevant parties. Their findings will guide any further action, which may include reinstatement, disciplinary measures, or other outcomes as stipulated under the Constitution.
In the meantime, the Presidency has called for calm and encouraged all stakeholders to allow the constitutional process to unfold without interference or speculation. It reiterated its commitment to upholding the principles of democracy, judicial independence, and good governance.
Public Reactions and Legal Outlook
As the legal process continues, the Supreme Court is also reviewing constitutional challenges related to the procedure, and its final ruling will help clarify the legal framework for such high-profile judicial inquiries in the future.
The situation remains under close public and institutional scrutiny, as Ghanaians await the outcome of one of the most consequential judicial investigations in the nation’s democratic history.
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