Ghana President Suspends Chief Justice, Sparking Controversy

The suspension of Chief Justice Gertrude Araba Torkornoo by President John Mahama has ignited a firestorm of criticism and concern, with various legal and political figures voicing strong opinions about its implications for Ghana's reputation, economy, and judicial independence. Former Ghana Bar Association (GBA) President, Samuel Okudzeto, has cautioned that the suspension sends a negative message to the international community and could deter foreign investment, despite the action being constitutional. He emphasized the importance of considering the optics and timing of such a move, warning that Ghana risks appearing politically unstable.
Echoing these concerns, NPP’s Director of Legal Affairs, Frank Davies, has described the ongoing process as politically motivated and an assault on the judiciary. While acknowledging the legality of the process under Article 146 of the Constitution, Davies suggested that the underlying motives are suspect and driven by personal dislike rather than legitimate constitutional concerns. He highlighted the potential for eroding confidence in the independence of the judiciary if the highest judicial office can be subjected to such maneuvering.
The Minority in Parliament has taken an even stronger stance, condemning President Mahama’s decision as a “brazen judicial coup” and a reckless abuse of executive power. In a statement, the Minority accused the President of political vengeance and undermining judicial independence, particularly while legal challenges to the Chief Justice’s removal are still pending before the Supreme Court. They likened the action to the 1963 removal of Chief Justice Sir Arku Korsah by President Kwame Nkrumah, a decision widely criticized as executive interference in judicial affairs. The Minority has called for the immediate reinstatement of Chief Justice Torkornoo and a suspension of all removal proceedings until the Supreme Court has ruled on the matter.
The suspension of Chief Justice Torkornoo marks a historic first for Ghana, triggering an investigation based on three undisclosed petitions alleging incompetence and misbehavior. While the content of the petitions remains largely unknown, former Attorney General Godfred Yeboah Dame has labeled the suspension an attempt to undermine the judiciary, describing it as the greatest assault on its independence in the nation’s history. Despite surviving a previous removal request earlier in the year, copies of the petitions were initially withheld from Ms. Torkornoo, raising concerns about due process and fair hearing rights.
As the five-member committee proceeds with its investigation, the controversy surrounding Chief Justice Torkornoo’s suspension continues to deepen, raising critical questions about judicial independence, political interference, and the rule of law in Ghana.