Former Director of the Ghana School of Law, Kwaku Ansah Asare, has defended the removal of Justice Gertrude Araba Esaaba Sackey Torkonoo from her position as Chief Justice of the Supreme Court, describing the decision as fully backed by the Constitution.
Speaking to ABC News GH on Monday, he insisted that the development however does not affect her status as a Justice of the Superior Court.
“She should accept it and exit in a dignified manner,” Mr. Ansah Asare stated.
He emphasized that the allegations which led to her removal were tied solely to her role as Chief Justice.
“The two are separate and distinct. Justice Torkonoo was not investigated as a Justice of the Superior Court; the allegations pertained to her high office as Chief Justice,” he clarified.
Mr. Ansah Asare further explained that President John Mahama acted lawfully in relieving Justice Torkonoo of her duties as head of the Judiciary.
“The entire process has the support of the 1992 Constitution,” he said, stressing that the President followed the recommendation of the investigative committee in accordance with Article 146(9). He added: “The removal was right because the President acted on the committee’s recommendation.”
Justice Torkonoo’s removal followed a four-month inquiry into petitions alleging stated misbehaviour. The committee, chaired by Justice Gabriel Scott Pwamang, submitted its findings to the presidency on September 1, 2025. The report upheld the claims, recommending her dismissal, which the President promptly carried out.
The presidency issued a statement reaffirming that the decision complied strictly with constitutional requirements. Article 146(9) mandates the President to act on the recommendations of the committee once a prima facie case is confirmed.
The petitions were originally filed by Ghanaian citizen Daniel Ofori, triggering Justice Torkonoo’s suspension in April 2025. In the interim, Justice Paul Baffoe-Bonnie was appointed to serve as Acting Chief Justice.
Justice Torkonoo, who became the 15th Chief Justice of Ghana and the third woman to occupy the role, assumed office in June 2023. Her removal marks the first time in the Fourth Republic that a Chief Justice has been dismissed under this constitutional procedure.
Despite the abrupt end to her tenure, Justice Torkonoo’s contributions to judicial reforms remain notable. Since her appointment to the bench in 2004, she was instrumental in setting up the Commercial Division of the High Court, advancing the automation of court processes, and strengthening alternative dispute resolution frameworks.
Reflecting on the significance of the development, Mr. Ansah Asare described it as a clear testament to the resilience of Ghana’s democratic system.
“The rule of law has spoken and we should all accept it,” he concluded.
SOURCE: ABC News
