Due process was followed in Torkornoo’s removal – Justice Atuguba

Retired Supreme Court Judge William Atuguba says due process was followed in Torkornoo’s removal. He noted that the constitutional procedure for dismissing a Chief Justice was fully observed.

Speaking on TV3 on Monday, September 9, Justice Atuguba explained that the action taken against former Chief Justice Gertrude Torkornoo was carried out strictly under Article 146 of the 1992 Constitution. “Oh yes, that was the procedure followed… culminating in her removal, that was followed, yes,” he said.

Justice Atuguba stressed that Torkornoo’s removal followed due process because a committee legally set up under Article 146 investigated the allegations and submitted its findings to the President. He explained that the process was neither arbitrary nor politically driven but grounded in law.

The retired Justice also elaborated on the meaning of “stated misbehaviour,” the constitutional basis for the removal. According to him, the expression simply refers to conduct considered unacceptable by ordinary, fair-minded citizens.

“Misbehavior, I mean, is not different from misconduct—conduct that ordinary, fair-minded people would deem unacceptable,” he noted. He added that Ghana had witnessed similar removals in the past, including those of former CHRAJ boss Loretta Lamptey and former Electoral Commission Chair Charlotte Osei.

Chief Justice Gertrude Torkornoo was officially removed from office on September 1, 2025, after a five-member committee chaired by Supreme Court Justice Gabriel Scott Pwamang recommended her dismissal. The committee, constituted under Article 146 of the Constitution, investigated petitions alleging misconduct.

The findings cited several irregularities, including authorising per diem allowances for family members during her official trips, an improper staff transfer, and questionable recommendations for judicial appointments. The committee concluded that her actions amounted to “stated misbehaviour,” warranting removal.

President John Dramani Mahama, acting in line with Article 146(9), accepted the recommendation and formally dismissed her, making Justice Torkornoo the first sitting Chief Justice in Ghana’s history to be removed under that constitutional clause.