Former Chief Justice Sophia Akuffo has criticised the removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo from office, arguing that the process denied her colleague a fair hearing.

Justice Torkornoo was removed from office on Monday, September 1, 2025, under Article 146(9) of the 1992 Constitution. According to a statement from the Presidency, the decision followed a recommendation by a committee set up under Article 146(6) to investigate a petition filed by a citizen, Mr. Daniel Ofori. The removal took immediate effect.

Speaking in an interview with TV3 on Tuesday, September 2, Madam Sophia Akuffo described the process as mishandled and unjust.

“She did not get a fair trial. Even though it is not a trial strictly speaking, it was handled as though it were a treason trial,” she stated.

Background 

On April 22, 2025, President John Dramani Mahama suspended Chief Justice Gertrude Torkornoo from office following the establishment of a prima facie case based on three undisclosed petitions alleging misconduct and incompetence.

Under Article 146(6) of Ghana’s 1992 Constitution, the president, after consulting the Council of State, may suspend a Supreme Court justice if a prima facie case is established and appoint a committee to investigate. President Mahama did exactly that—forming a five-member inquiry panel chaired by Justice Gabriel Scott Pwamang, with other members including Justice Samuel Adibu-Asiedu, former Auditor-General Daniel Yaw Domelevo, Major Flora Bazaanura Dalugo, and Professor James Sefah-Dzisah.
Legal professional development

Justice Paul Baffoe-Bonnie, the most senior Supreme Court judge, was appointed acting Chief Justice during the investigation process.

The suspension sent shockwaves through Ghana’s legal community. The Ghana Bar Association (GBA) condemned the action as unconstitutional, arguing that the president did not publish any Constitutional Instrument or regulations to justify the exercise of discretionary power, as required under Article 296 of the Constitution.

Similarly, the Centre for Democratic Movement (CDM) denounced the decision as a breach of constitutional norms and judicial independence. CDM challenged the impartiality of the inquiry, citing the committee’s composition as politically skewed and lacking transparency, thereby undermining due process.

Chief Justice Torkornoo has publicly defended herself, characterising the suspension and removal proceedings as “arbitrary,” “cruel,” and unconstitutional. She has refused to resign, emphasising that doing so would amount to submitting to a flawed process and forfeiting her right to defend herself.

The NPP (New Patriotic Party) echoed these concerns, condemning the suspension as unconstitutional and warning that it jeopardised Ghana’s democratic integrity.

Sompaonline.com