Removed Chief Justice Torkornoo Can Return to Supreme Court – Prof. Appiagyei-Atua
Law Lecturer at the University of Ghana, Prof. Kwadwo Appiagyei-Atua, has stated that former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo retains the right to return to the bench as a Supreme Court justice despite her removal from office.
Justice Torkornoo was removed on Monday, September 1, 2025, by President John Dramani Mahama, acting on the recommendation of a committee of inquiry set up under Article 146(6) of the Constitution to investigate a petition by a private citizen, Mr. Daniel Ofori. The removal took immediate effect in line with Article 146(9).
Speaking on Eyewitness News with Umaru Sanda Amadu, Prof. Appiagyei-Atua explained that the decision does not strip the former Chief Justice of her status as a Supreme Court judge.
“It can also be the case that the President can retire her on a package that will ensure that she doesn’t go back to the bench as a Justice of the Supreme Court. But I think that it is in her right if she wants to go back and sit as a justice of the Supreme Court. I think she can do that,” he said.
Background
Justice Torkornoo’s removal followed a series of legal and political controversies. On April 22, 2025, President Mahama suspended her after a prima facie case was established from three separate petitions alleging misconduct and incompetence. A five-member inquiry panel, chaired by Justice Gabriel Scott Pwamang, was subsequently set up to investigate.
During the suspension, Justice Paul Baffoe-Bonnie, the most senior Supreme Court judge, was appointed acting Chief Justice. The move sparked outrage within Ghana’s legal and political circles.
The Ghana Bar Association (GBA) condemned the suspension as unconstitutional, arguing that the president failed to publish a Constitutional Instrument to justify the exercise of discretionary power under Article 296. Similarly, the Centre for Democratic Movement (CDM) denounced the inquiry as politically skewed, warning that it undermined judicial independence and due process.
Justice Torkornoo herself rejected the suspension and subsequent removal as “arbitrary” and “cruel,” insisting that resigning would mean surrendering to a flawed process. The opposition New Patriotic Party (NPP) also criticised the decision, describing it as unconstitutional and a threat to Ghana’s democratic integrity.
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