Justice Atuguba settles contentious 'stated misbehaviour' debate in CJ's removal?

Retired Supreme Court Judge, Justice William Atuguba, has clarified the meaning of 'stated misbehaviour' regarding the removal of former Chief Justice Gertrude Torkornoo.

He argued that the word ‘stated misbehaviour’ is clearly stated in the Constitution (1992) and must be understood in its ordinary English meaning.

Speaking in an interview with 3news on September 8, 2025, Justice Atuguba explained that although the term is not expressly defined, it has previously been applied in high-profile cases such as the removal of former CHRAJ Commissioner, Loretta Lamptey, and former Electoral Commission Chairperson, Charlotte Osei.

“Misbehaviour is not different from misconduct. It means unacceptable behaviour, incorrect behaviour, conduct that would not meet the approbation of ordinary, fair-minded people,” he said.

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His clarification comes in response to arguments advanced by lawyers of the immediate past Chief Justice, Gertrude Torkornoo, that the term lack definition in the Constitution (1992).

Justice Torkornoo was recently removed from office after a committee chaired by Justice Scott Pwamang cited, among other issues, the payment of per diem allowances to her husband and daughter.

Justice Atuguba questioned attempts to challenge the removal, stressing that the misapplication of public funds constitutes a criminal offense that cannot be overlooked.

He contended that high-ranking officials, including judges, must be held to the highest standards of accountability.

He further maintained that the removal of Justice Torkornoo followed due process as outlined in article 146 of the Constitution.

According to him, both President John Dramani Mahama and the Council of State complied with the prescribed procedure.

“Oh yes, that was the procedure (sic) outlined by the Constitution and it was followed, culminating in her removal,” he said.

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