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Chief Justice removal: Attorney-General admonishes Bar Association for 'selective comment' on the case




Attorney-General Dr Dominic Ayine has admonished the Ghana Bar Association (GBA) for selectively commenting on the removal of Chief Justice, Gertrude Torkornoo.

He called on the GBA to uphold the rule of law and constitutionalism and refrain from taking sides with politics.


Talking in connection with the departure of the erstwhile Chief Justice Gertrude Torkornoo, as the leader of the judiciary, at the inauguration of the Annual General Conference of the GBA on Monday, September 15, 2025, he stated, "In 2015, an Article 146 petition was presented to the Chief Justice on the removal of CHRAJ boss, Madam Lauretta Lamptey. The bar did not speak out in the process.". Ahead of the 2016 elections, the then-opposition party NPP sued the EC over a string of controversies surrounding the use of the voter identification system. She led to the Abu Ramadan line of cases.


Even prior to the assumption of office in 2017, there was an Article 146 petition seeking the removal from office of the EC chairperson, Charlotte Osei, and her deputies. The Bar found no grounds to address the question of compliance with due process.".


"But in more recent years, the bar finally got its voice when a petition based on the same constitutionally required procedures was laid on behalf of the removal from office of the then Chief Justice, Gertrude Torkornoo. The question we have to answer truthfully is what changed?"


"Three petitions in question concern three constitutional bodies key to the existence of our democracy. Their independence has been guaranteed by the Constitution. The three incumbents were all women of great respectability and members of our noble profession," he stated.


Chief Justice Gertrude Torkornoo was suspended from office by President John Dramani Mahama on Monday, September 1.


A statement issued by the Government Communication Minister, Felix Kwakye Ofosu indicated that "President John Dramani Mahama has, under Article 146(9) of the 1992 Constitution, removed the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkonoo, from office with immediate effect.". This follows receipt of the report of the Committee constituted under Article 146(6) to inquire into a petition presented by a Ghanaian citizen, Mr Daniel Ofori. After considering the petition and evidence, the Committee found the grounds of alleged misbehaviour under Article 146(1) had been established and recommended her removal from office. Under Article 146(9), the President has to act according to the advice of the committee," the statement further stated.


This was after presenting the report of the Article 146 Committee of Inquiry formed to investigate the petitions for the removal of Gertrude Sackey Torkornoo, after the determination of a prima facie case in three petitions for the removal of the Chief Justice from office. According to constitutional requirement, President Mahama set up a five-member committee to conduct the inquiry.


The chairperson of the committee was Supreme Court Justice Gabriel Scott Pwamang. The others included Mr. Daniel Yaw Domelevo, former Auditor-General; Major Flora Bazaanura Dalugo of the Ghana Armed Forces (GAF); and Professor James Sefah Dzisah, Associate Professor, University of Ghana.


The report of the committee is to be considered by the President and announced in accordance with the 1992 Constitution.


Justice Torkornoo was suspended on 22 April 2025 when a prima facie case had been made against her upon the receipt of three independent petitions.


Her suspension, in line with Article 146(6) of the 1992 Constitution of Ghana, was as a result of consultation with the Council of State.


Subsequently, the President appointed a five-member committee chaired by Supreme Court Judge Gabriel Scott Pwamang to look into the allegations.


Justice Gabriel Scott Pwamang, said when presenting the report to the presaisnt that "To the committee, our mandate and remit as pursuant to Article 146 Clauses (7) and (8) of the Constitution is clear and it is to investigate the petitions in camera, hear the individual against whom the petitions have been made in her defence herself or by a lawyer or other expert of her choice and then to recommend to the President."


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