Chief Justice position is not a stool you can inherit – Ansa-Asare to Torkornoo

Former Director of the Ghana School of Law, Kwaku Ansa-Asare, has criticised former Chief Justice Gertrude Torkornoo for challenging her removal from office. He said her conduct shows “emotional imbalance and immaturity.”

Mr. Ansa-Asare said the office of the Chief Justice is not a personal entitlement or “a traditional stool one can claim as an infinite right.” According to him, Madam Torkornoo’s legal challenge to stop the vetting and appointment of Justice Baffoe-Bonnie as her successor has no basis in law.

He explained that under Article 146 (1–11) of the 1992 Constitution, no judge or public officer has the right to question the President’s decision once it is based on the recommendations of a properly constituted committee of inquiry. “Her move holds no legal weight and amounts to obstructing a constitutional duty,” he added.

President John Dramani Mahama, on September 1, ordered the removal of Justice Gertrude Araba Esaaba Sackey Torkornoo from office after receiving the report of the Article 146 Committee of Inquiry.

A statement issued by the Minister of Government Communications said, “President John Dramani Mahama has, in accordance with Article 146(9) of the 1992 Constitution, removed the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkonoo, from office with immediate effect. This follows receipt of the report of the Committee constituted under Article 146(6) to inquire into a petition submitted by a Ghanaian citizen, Mr. Daniel Ofori. After considering the petition and the evidence, the Committee found that the grounds of stated misbehaviour under Article 146(1) had been established and recommended her removal from office. Under Article 146(9), the President is required to act in accordance with the committee’s recommendation.”

The five-member committee, chaired by Supreme Court Justice Gabriel Scott Pwamang, included former Auditor-General Daniel Yaw Domelevo, Major Flora Bazaanura Dalugo of the Ghana Armed Forces, and Professor James Sefah Dzisah of the University of Ghana.

Justice Torkornoo was first suspended on April 22, 2025, after a prima facie case was established against her in three separate petitions. Her suspension, carried out in consultation with the Council of State, followed constitutional provisions under Article 146(6).