Ghana's Chief Justice Faces Threats and Legal Challenges

Suspended Chief Justice Gertrude Araba Esaaba Torkornoo has found herself at the center of a significant constitutional and legal debate, following her suspension and the initiation of removal proceedings under Article 146 of the 1992 Constitution. Amidst these proceedings, Justice Torkornoo held a press conference on June 26, 2025, where she voiced concerns about the legality and fairness of the process and insisted that resignation was not an option. However, her assertions were swiftly and strongly rebutted by prominent constitutional lawyer Thaddeus Sory, who argued that her claims reflected a "worrying misunderstanding" of established legal principles.
During her press conference, Chief Justice Torkornoo claimed she had requested a public hearing for the Article 146 proceedings. Thaddeus Sory countered this by questioning how she could disregard multiple Supreme Court rulings, including cases like Justice Dery v Tiger Eye PI, Agyei Twum v A-G, and GBA v Attorney-General, which consistently affirm that Article 146 proceedings must be held in camera. Justice Torkornoo also expressed dismay over the Supreme Court's decision to strike out her supplementary affidavit. Sory, however, reminded her of her own recent ruling in an LGBTQ case, where she had ordered the striking out of an affidavit without identifying offensive content, rhetorically asking, “Has the Chief Justice so soon forgotten her own rulings on affidavits?”
Furthermore, Torkornoo asserted that the petitioners lacked a direct interest in the allegations against her and that she had not received copies of the petition. Sory challenged this, inquiring what material she had responded to that initially led to a prima facie case being established. He pointed out that the Agyei Twum decision clearly states that no locus standi is required for such petitions. Sory also dismissed her claim that the hearings should adhere to the Commissions of Inquiry (Practice and Procedure) Rules, 2010 (C.I. 65), emphasizing that Article 146 committees are ad hoc bodies empowered to determine their own procedures, a point upheld by Justice Sophia Akuffo in the Agyei Twum case. Regarding Torkornoo’s surprise that proceedings were held in a "high-security zone" at Castle Drive, Sory noted that previous Article 146 cases, even those involving Charlotte Osei and other superior court justices during her own tenure as Chief Justice, were held in judicial facilities, implying her surprise was misplaced.
A significant part of Justice Torkornoo's public address was her insistence on not resigning or retiring prematurely, claiming it would be tantamount to fleeing accountability and that it was not a legally available option while Article 146 proceedings were ongoing. She also disclosed receiving threats and veiled warnings suggesting harm if she refused to step down. Thaddeus Sory, however, criticized this stance as "sanctimonious political posturing," asserting that her public remarks demonstrated a lack of candor, depth in basic legal principles, and fidelity to constitutional law.
The Presidency has also weighed in, describing Chief Justice Torkornoo's public comments as a breach of the confidentiality mandated by the Constitution for Article 146 proceedings. Political communications analyst Professor Kobby Mensah commended the government’s rapid response to her press address, deeming it a "textbook example of modern crisis communication done right." He highlighted the stark contrast with the previous administration’s silence during the 2020 Martin Amidu resignation controversy, praising the current government for preventing a one-sided narrative from dominating the media space.
Justice Torkornoo's suspension by President John Dramani Mahama followed a prima facie determination by the Judicial Council on three petitions filed against her. A five-member committee has since been appointed to investigate the allegations. The Supreme Court has already dismissed her application for an interlocutory injunction against the committee and struck out a supplementary affidavit she filed, citing a breach of confidentiality under Article 146. Amidst the intense scrutiny, Chief Justice Torkornoo was observed in a moment of levity on June 25, interacting with Akosua Manu, the NPP’s 2024 parliamentary candidate for Adenta, joking about being perceived as affiliated with the NPP, thereby offering a brief reprieve from the ongoing legal and political pressures.