Gertrude Torkornoo removed from office in accordance with Article 146(9) of 1992 Constitution

President John Dramani Mahama has removed the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkonoo, from office with immediate effect.

This removal is in accordance with Article 146(9) of the 1992 Constitution. 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.

According to the Presidency, the committee examined evidence and testimonies over several weeks and concluded that grounds of misbehaviour under Article 146(1) had been proven. The President, acting under constitutional requirements, accepted the committee’s findings and removed Justice Torkonoo from office as Chief Justice.

Presidential Spokesperson Felix Kwakye Ofosu said the process reflected government’s commitment to due process and judicial integrity. “After carefully considering the petition and evidence, the Committee concluded that the grounds of misbehaviour were established. In line with Article 146(9), the President has acted in accordance with the recommendation,” he stated.

The petitions raised concerns over her handling of judicial administrative matters, allegations of bias in certain cases, and questions relating to abuse of office. The committee determined that her conduct undermined public confidence in the judiciary and breached the standards required of the head of the judiciary.

Justice Torkonoo was appointed Chief Justice in June 2023, succeeding Justice Kwasi Anin-Yeboah. Her removal makes her the first Chief Justice under the Fourth Republic to be dismissed through the petition and inquiry process provided for under the Constitution.

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The Presidency indicated that steps will soon be taken to begin the process of appointing a new Chief Justice. In the meantime, the Judicial Council is expected to oversee the transition to ensure continuity in the administration of justice.