The revengeful and discriminatory axe of President John Dramani Mahama has fallen heavily on the head of Ghana’s Judiciary, the third arm of government.
President Mahama yesterday suspended the country’s third female Chief Justice, Mrs Gertrude Araba Asaaba Sackey Torkornoo, a dishonourable act described by political watchers as a complete assault on the judiciary and a regrettable day of shame to the country.
This action is invariably in line with a major crackdown on the appointees of previous New Patriotic Party (NPP) government and perceived political opponents over the last three months of Mr. Mahama’s presidency.
President Mahama now has the unenviable record in Ghana’s fourth republic of suspending a Chief Justice with a possible removal from office, after sitting Presidents Jerry John Rawlings, John Agyekum Kufuor and Nana Addo Dankwa Akufo-Addo all resisted the temptation of suspending or removing the head of the judiciary.
Chief Justice Torkornoo had been a prime target of President Mahama and his governing National Democratic Congress (NDC) ahead of the 2024 general election for reasons described by political watchers as sheer hatred and political witch-hunting.
President Mahama suspended Justice Torkornoo following the establishment of what has been observed as a contrived prima facie case in response to three separate petitions seeking her removal from office.
A statement issued yesterday by the Minister in Charge of Government Communications and Presidential Spokesperson, Felix Kwakye Ofosu said the suspension was in line with Article 146(6) of the 1992 Constitution and taken in consultation with the Council of State.
Per Article 146(10) of the Constitution and upon the advice of the Council of State, President Mahama issued the warrant for the immediate suspension of the Chief Justice pending the outcome of a committee set up by the president.
Some legal analysts including former Deputy Attorney-General Alfred Tuah-Yeboah have labelled the advice of the council of state as “highly poisonous.”
Justice Torkornoo’s suspension marked a significant moment and a test case in Ghana’s judicial history, as the country’s leader of the Judiciary now faces a formal inquiry into her alleged misconduct.
While the specific allegations contained in the petitions have not been publicly disclosed, they have stirred widespread debate within legal and political circles, raising issues about executive interference in the judiciary.
In accordance with constitutional procedures, Chief Justice Torkornoo was furnished with copies of the petitions and given 10 days to respond.
She submitted her written response on April 7, 2025.
Following a review of the response and further consultations, President Mahama determined that a prima facie case had been established, setting up a committee to probe into the allegations.
Five-member committee
President Mahama set up a five-member committee under Article 146(6) to investigate the matter.
The committee is chaired by Mr. Mahama’s appointee to the Supreme Court, Justice Gabriel Scott Pwamang.
Other members of the committee are Justice Samuel Kwame Adibu Asiedu, Justice of the Supreme Court; Daniel Yaw Domelevo, former Auditor-General; Major Flora Bazwaanura Dalugo, Ghana Armed Forces; and Professor James Sefah Dzisah, Associate Professor, University of Ghana.
The coming weeks are expected to shape a defining chapter in Ghana’s constitutional and judicial landscape, as the committee begins its inquiry into the petitions.
Ghanaians also await the outcome of the Justice Pwamang committee report as this will give an indication of how the country’s judiciary will be perceived going forward.
