President John Dramani Mahama removed former Chief Justice Gertrude Torkornoo from office in September 2025. This action followed a recommendation from a committee established under Article 146(6) of the 1992 Constitution.
Former Deputy Attorney-General and Minister for Justice, Alfred Tuah-Yeboah, criticized this removal. He argued that the National Democratic Congress (NDC) government acted on weak grounds. Mr. Tuah-Yeboah believes the allegations against the Chief Justice did not warrant such a significant constitutional step.
This event highlights ongoing discussions about judicial independence within Ghana's democratic framework. Previous administrations have also faced scrutiny over their interactions with the judiciary. The strength of Ghana's constitutional bodies is crucial for maintaining investor confidence and the rule of law. Ensuring strong, credible and compelling evidence for removing a Chief Justice sets a critical precedent.
Mr. Tuah-Yeboah expressed his concerns on JoyNews' The Pulse on Tuesday, June 16. He stated that removing a Chief Justice must rest on robust and credible evidence. He emphasized the importance of judicial independence to Ghana's governance structure. The NDC, according to him, failed to meet this high standard.
The removal of Chief Justice Torkornoo activates constitutional processes and could influence public trust in state institutions. Political observers and legal experts will closely watch the implications for future judicial appointments and removals. This situation also prompts a review of the mechanisms for addressing petitions against senior judicial officers. The episode could shape future legislative or policy reforms related to judicial tenure and accountability.
Article 146(9) of the 1992 Constitution mandates the President to act in accordance with a committee’s recommendation for removal. The committee, constituted under Article 146(6), concluded that grounds of 'stated misbehaviour' under Article 146(1) were established. This legal framework ensures that such actions follow due process, even when contentious. The long-term impact on Ghana's legal system and political discourse remains to be seen. It underscores the delicate balance between executive power and judicial autonomy.