Sacked CJ Torkornoo to challenge her removal in court

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Former Chief Justice Torkornoo

The legal team of former Chief Justice Gertrude Torkornoo has hinted that they will challenge the decision of the Committee of Inquiry that recommended her removal from office.

Nii Ayikoi Otoo, the lead counsel and former Attorney-General, highlighted that the former Chief Justice has been treated unfairly and deserves an opportunity to clear her name.

Nii Ayikoi Otoo, in an interview on Saturday, September 6, 2026, stated, “This is an option we are looking for to get the records straight. When Dr. Danquah went to court to talk about Re and Akoto, and that there was the abuse of a fundamental human right, people did not take him seriously.

But today, people are praising him for having fought that good fight. So, we will go to court at the right time”, he added.

However, Kofi Bentil, the vice president of Imani Africa, has said the removal of former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo was not a mere witch-hunt.

Speaking on TV3 KeyPoints, Kofi Bentil noted that Constitutional processes were followed in the removal of Justice Torkornoo, and asserted that there was no breach of the letter of the constitution.

Mr Bentil stated, “This is not a mere witch-hunt. Constitutional processes were followed, and there was no breach of the letter of the constitution”.

He further cautioned against turning the removal of the Chief Justice into a norm for every new political party voted into office.

According to Kofi Bentil, the removal of the Chief Justice should not be done lightly, as it could wear down judicial independence.

“Removing a Chief Justice should not be done lightly. If this continues, every new president could walk in, clear the Chief Justice and security heads, and replace them with their own people. That is not what the Constitution is meant for”, he added.

Also, IMANI Africa’s President, Franklin Cudjoe, has said, Justice Torkornoo’s actions could have attracted harsher penalties elsewhere.

Speaking on Channel One TV’s The Big Issue, Franklin Cudjoe stated, “Listening to all the arguments, I found out that they also relied on the fact that she got herself an imprest, which actually she was not supposed to spend”.

“The argument that she should have been guided by a finance officer, because she didn’t know, is neither here nor there. She was the head of the judiciary; she knows the law. In other countries, she would have been in jail by now.”

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.