Prof. Kwadwo Appiagyei-Atua, a Law Lecturer at the University of Ghana, has said the former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo can return to the Supreme Court bench as a judge.
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.
According to the Law Lecturer, Justice Torkornoo has the right to return to the bench as a Supreme Court judge following her removal from office.
Speaking in an interview on Eyewitness News, Prof. Appiagyei-Atua explained, ““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.
Also, Prof Kwadwo Appiagyei-Atua, in a separate interview, noted that the removal of Chief Justice Gertrude Torkonoo was a foregone conclusion.
According to Prof Kwadwo Appiagyei-Atua, President Mahama strictly adhered to constitutional provisions.
He asserted that, from the constitutional angle, due process was followed.
Speaking on JoyNews’ Pulse, Prof Appiagyei-Atua stated, “From the constitutional angle, due process was followed”.
“It was a foregone conclusion looking at the way proceedings went.”
“She had to fight for her rights,” he stressed.
However, 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.