30 out of 31 members of the Council of State supported the establishment of a prima facie case against the Chief Justice, with one member, former Chief Justice Sophia Akuffo, abstaining.
The decision was described as being reached through consensus rather than a formal vote count, as stated by Deputy Attorney General Justice Srem-Sai. Specific details on individual votes or a formal ballot breakdown are not publicly documented, as the process was conducted in consultation and not as a public voting record.
The Council of State of Ghana, in consultation with President John Dramani Mahama, determined that a prima facie case was established based on three petitions filed against Chief Justice Gertrude Torkornoo, leading to her suspension on April 22, 2025.
This decision was made under Article 146(6) of the 1992 Constitution, which outlines the process for removing a Chief Justice on grounds such as stated misbehavior or incompetence. Following the establishment of the prima facie case, a five-member committee was set up to investigate the allegations further, with Justice Paul Baffoe-Bonnie appointed as Acting Chief Justice during the probe.
Background
On April 22, 2025, President John Dramani Mahama, following advice from the Council of State, suspended Chief Justice Gertrude Torkornoo due to three petitions alleging misconduct. This unprecedented action, the first of its kind in Ghana’s history, was based on Article 146(6) of the 1992 Constitution, which allows for the removal of a Chief Justice on grounds such as stated misbehavior or incompetence. The specific content of the petitions remains undisclosed, and Chief Justice Torkornoo has not publicly commented.
Following the suspension, a five-member committee was appointed to investigate the allegations, with Justice Paul Baffoe-Bonnie serving as Acting Chief Justice during the probe. As of April 30, 2025, the investigation is ongoing, and no final decision on permanent removal has been reported.
The suspension was initiated following three undisclosed petitions filed against Chief Justice Torkornoo, alleging misconduct. President John Dramani Mahama, acting under Article 146(6) of the 1992 Constitution, consulted the Council of State and determined that a prima facie case was established, justifying her suspension.
This article outlines the process for removing a Chief Justice on grounds such as stated misbehavior or incompetence, ensuring due process through an investigation committee. The action is notable as it is the first instance of a sitting Chief Justice being suspended in Ghana’s Fourth Republic, raising questions about judicial independence and executive interference.
Historical context includes a previous petition in December 2024 by Stephen Kwaku Asare (Kwaku Azar), a US-based Ghanaian academic, which accused Torkornoo of interfering in judicial cases by reconstituting judge panels, violating Article 172(2) of the Constitution. This petition, dismissed by then-President Nana Addo Dankwa Akufo-Addo for lack of evidence, highlighted concerns about administrative overreach.
Reactions and Political Controversy
The suspension has elicited strong reactions across political, legal, and civil society spheres, highlighting its contentious nature. The Minority Caucus in Parliament has labeled the action as politically motivated, accusing President Mahama of attempting to “pack the courts” with justices sympathetic to the National Democratic Congress (NDC).Conversely, the Movement for Change (MFC) has welcomed the suspension, asserting it adheres to the constitutional framework.
Legal challenges include a motion filed by MP Vincent Assafuah (Old Tafo) at the Supreme Court seeking an injunction against the suspension, Civil Society Organizations, such as FiDA Ghana, have advocated for a transparent and impartial investigation to uphold the rule of law, emphasizing the need to protect judicial integrity.
The Ghana Bar Association (GBA) has expressed concern over implications for judicial independence, calling for a fair and transparent process, though their resolution to reverse the suspension was criticized as lawless by Dr. Srem Sai, the deputy Attorney General.
The suspension of Chief Justice Gertrude Torkornoo reflects a complex interplay of legal, political, and constitutional dynamics, with the Council of State’s decision marking a pivotal moment in Ghana’s judicial history. The consensus-based voting, detailed reactions, and ongoing investigation underscore the contentious nature of the issue, with stakeholders advocating for transparency and fairness amidst accusations of political motivation.
