Former Chief Justice Sophia Akuffo and a member of the Council of State has condemned the proceedings that led to President John Dramani Mahama removing the Chief Justice Gertrude Torkonoo.
According to Sophia Akuffo, Chief Justice Gertrude Torkonoo was not given a fair hearing.
Sophia Akuffo described the proceedings as a “rigmarole” that set a dangerous precedent for Ghana’s judiciary.
She expressed her dismay at how the matter was handled.
In an interview with TV3 today, September 2, Sophia Akuffo stated, “She did not get a fair trial,” Akuffo said. “Even though it is not a trial strictly speaking, it was handled as though it were a treason trial”.
“They lack the gravity that will lead to a grave outcome such as the removal of the head of an institution of justice”.
The former Chief Justice’s remarks echo the same feelings Chief Justice Torkonoo herself had earlier labelled as cruel and unconstitutional.
However, Minister of Government Communications, Felix Kwakye Ofosu, has slammed persons who say Mahama has set a bad precedent for the judiciary.
Speaking in an interview on Accra-based Asempa FM’s Ekosiisen on September 1, Kwakye Ofosu stated, “Unfortunately, those making such claims are losing sight of a key principle. In a democracy governed by the rule of law, everyone is equal before the law — what is good for the goose is indeed good for the gander. That is the foundation of our legal system”.
Kwakye Ofosu further clarified, “When a high-profile individual goes through the proper legal process, it should never be seen as setting a bad precedent. Imagine if President Mahama had failed to follow due process upon receiving the petition and proceeded to administer justice regardless, that would be grounds for criticism. But in this case, he has followed the legal procedures every step of the way.”
“To date, no one has credibly argued that President Mahama bypassed the law. So, those claiming that this sets a bad precedent have yet to clearly define what they mean by ‘bad precedent.’ Their argument lacks both legal grounding and factual basis”, he emphasised.
In addition, Godwin Edudzi Tameklo, the Director of Legal Affairs for the National Democratic Congress (NDC), has backed President John Dramani Mahama’s decision to sack the Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo.
According to Godwin Edudzi Tameklo, President Mahama acted in accordance with the Constitution.
Edudzi Tameklo likened President Mahama’s situation to that of Pontius Pilate, who was petitioned to crucify Jesus Christ.
He noted unlike Pontius Pilate, who had the option to wash his hands, President Mahama had no option done to follow the Committee’s recommendation to remove the Chief Justice.
Speaking on TV3’s Election Command Centre during the coverage of the Akwatia by-election, Godwin Edudzi Tameklo stated, “They had in it (Constitution) an Article called 146 which basically says our superior court judges are given what we call security of office, that is to say, you cannot remove them, unless on proven stated misbehaviour, incompetence, infirmity etc”.
He added, “What has happened basically is that President John Dramani Mahama finds himself in the position of Pontius Pilate where the Pharisees, Sadducees, and what have you had to present a petition and hear for the removal of the Chief Justice.”
“Basically, for the Constitution and how the Constitution has been interpreted over the period, the President is only a conveyor belt in the circumstance. And so again, like Pontius Pilate, what you would have to do is to consult the Council of State”
“In this case, you do not have the benefit of washing your hands. The Constitution clearly gives a duty, a duty is cast on the President to act in a particular manner. Having consulted the elders (Council of State), a prima facie case was determined against the Chief Justice, now removed,” he highlighted.
Background
President John Mahama sacked the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, from office with immediate effect after he received a first report from the five-member committee he constituted to investigate three petitions brought against the Chief Justice.
Hours after President Mahama received the committee reports, Chief Justice Torkornoo was sacked with immediate effect.
A statement from the presidency stated, “President John Dramani Mahama has, in accordance with Article 146(9) of the 1992 Constitution, removed the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, from office with immediate effect”.
“This follows receipt of the report of the Committee constituted under Article 146(6) to inquire into a petition submitted by a Ghanaian citizen, Mr. Daniel Ofori. After considering the petition and the evidence, the Committee found that the grounds of stated misbehaviour under Article 146(1) had been established and recommended her removal from office.
“Under Article 146(9), the President is required to act in accordance with the Committee’s recommendation,” the statement concluded.
A leaked document on social media concluded that Justice Torkornoo had engaged in conduct amounting to “stated misbehaviour” under Article 146(1).
The Key finding read, “Unlawful expenditure of public funds: The committee held that the Chief Justice caused the Judicial Service to pay travel expenses for her husband and daughter during private holiday trips in 2023, including per diem allowances. This, the report stated, was an “avoidable and reckless dissipation of public funds.”
Abuse of discretionary power: The committee found that her handling of the transfer of one Mr. Baiden breached Article 296(a) and (b) of the Constitution, describing the act as misbehaviour.
Interference in judicial appointments: The report also noted that she sought to bypass the established process for nominating Justices of the Supreme Court, contrary to precedent set in the Ghana Bar Association case. The committee concluded this amounted to misbehaviour”.
The committee subsequently recommended her removal in accordance with Article 146(7). President Mahama, bound by Article 146(9), which makes the President’s action mandatory once such a recommendation is made, formally removed Justice Torkornoo by Warrant of Removal under the Presidential Seal.
Meanwhile, Justice Paul Baffoe-Bonnie, the most senior Supreme Court judge, was appointed by President Mahama to act as Chief Justice during the investigation process.
President Mahama is now expected to name former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo’s successor in the coming days.