Removal of Chief Justice followed constitutional process – Kwakye Ofosu

Minister for Government Communications, Felix Kwakye Ofosu, has said the removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo was entirely in accordance with constitutional provisions.

Speaking on Channel One TV, Mr. Kwakye Ofosu stated that the removal of the Chief Justice was a constitutional process and emphasised that President John Dramani Mahama strictly acted within the framework of Article 146 of the 1992 Constitution.

He stressed that every step leading to the removal of Chief Justice Torkornoo was consistent with the constitutional requirements, making the process legitimate and lawful.

Chief Justice Torkornoo was officially removed from office on Monday, September 1, 2025, after a Committee of Inquiry upheld allegations of stated misbehaviour brought against her by a petition from a Ghanaian citizen, Mr. Daniel Ofori. The committee, formed under Article 146, recommended her removal, and the President was constitutionally bound to act on its findings.

Mr. Kwakye Ofosu pointed out that Article 146(9) of the Constitution requires the President to implement the committee’s recommendations, leaving him with no discretion on the outcome. He noted that since March, when the process began, the President has adhered to the Constitution without deviating from its provisions.

“The role of the President is clearly defined under Article 146, and since March this year, the President has strictly adhered to the constitutional tenets and has done everything in consonance with constitutional provision,” he explained.

He added that the removal should be seen as a constitutional necessity rather than a personal choice. “So it must be emphasised that we have arrived at this juncture because of what the Constitution says and not necessarily what the President believes,” he said.

Background 

Article 146 committee submits first report on petitions seeking removal of Chief Justice.

President John Dramani Mahama received, this morning, the first report of the Article 146 Committee of Inquiry, which is probing three petitions seeking the removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.

Presenting the report at a brief ceremony at the Presidency, the Committee’s Chair, Justice Gabriel Pwamang, said the panel conducted its work in camera, in line with Article 146(7) and (8), and refrained from public commentary despite “blatant false statements made about members of the committee and our work.”

“In camera proceedings are not the same as in secret,” he noted, explaining that limited procedural details could be shared without disclosing the substance.

On the first petition, filed by Mr. Daniel Ofori, the committee heard evidence from 13 witnesses on behalf of the petitioner. The Chief Justice, who also testified and was cross-examined, called 12 witnesses, including experts.

In all, the panel received about 10,000 pages of documentary exhibits from both sides. Each side was represented by four lawyers.

READ:Mahama receives first report on petitions seeking removal of Chief Justice

“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 Chair said, before handing the recommendation to the President in a sealed envelope.

The Chair disclosed that the second petitioner, as well as the Chief Justice, requested an adjournment of the second petition, which the committee granted.

“Accordingly, we shall be reporting on the second and third petitions in due time,” he said.