Chief Justice Gertrude Araba Esaaba Sackey Torkornoo has been removed from office by President John Dramani Mahama after a five-member committee found her guilty of “stated misbehaviour” under Article 146 of the 1992 Constitution.
The removal followed petitions.
- Unlawful expenditure of public funds
- One of the findings against the Chief Justice involved the use of state funds for personal purposes.
According to the committee’s report, Justice Torkornoo caused the Judicial Service to pay travel expenses for her husband and daughter during private holiday trips abroad in 2023.
The payments included per diem allowances that are normally reserved for official state duties.
The committee concluded that these expenditures were unjustifiable, describing them as an “avoidable and reckless dissipation of public funds.”
In its analysis, the committee emphasized that the Chief Justice, as the administrative head of the judiciary, was expected to safeguard public funds with the highest level of integrity.
Instead, her actions showed disregard for financial accountability, thereby undermining public trust in the judiciary.
Interference in judicial appointments
The second major reason for her removal was her attempt to interfere in the process of appointing Supreme Court justices.
The report revealed that Justice Torkornoo sought to bypass the long-established procedures governing such nominations.
The committee pointed to the Ghana Bar Association case, which established clear constitutional precedents for judicial appointments.
By attempting to ignore these processes, the Chief Justice was found to have interfered with the independence and integrity of judicial appointments.
According to the panel, this action not only undermined constitutional safeguards but also had the potential to erode public confidence in the fairness and impartiality of the judiciary. The committee therefore classified her conduct as misbehaviour under Article 146(1).
Abuse of discretionary power
The third reason cited for Justice Gertrude Torkornoo’s removal was her handling of the transfer of a Judicial Service officer, Mr. Baiden.
The committee determined that the Chief Justice’s decision breached Article 296(a) and (b) of the Constitution, which requires public officers to exercise discretionary power fairly, reasonably, and without arbitrariness.
Her actions in this case were deemed high-handed and inconsistent with constitutional standards.
By abusing her discretionary authority, the Chief Justice was found to have engaged in misbehaviour and conduct unbecoming of her office.
The five-member committee chaired by Supreme Court Justice Gabriel Scott Pwamang comprised Justice Samuel Kwame Adibu Asiedu, former Auditor-General Daniel Yaw Domelevo, Major Flora Bazaawaanuba Dalugo of the Ghana Armed Forces, and Professor James Sefe Dzisah of the University of Ghana.
