My removal process is marred by serious constitutional violations - CJ Torkornoo

The suspended Chief Justice of Ghana, Gertrude Torkornoo, has broken her silence over what she describes as a deeply flawed and unconstitutional process aimed at removing her from office.

Addressing the press on Wednesday, June 25, 2025, she condemned the ongoing proceedings, describing them as a complete departure from established principles of justice and a grave threat to Ghana’s democratic foundations.

"In our 88-year history as an independent republic, there has never been a hearing for the removal of the Chief Justice. One would therefore have hoped that if such a process becomes necessary, it would provide good guidance and precedent for nation building.

"Unfortunately, every step of the removal process being undertaken against me is being done in a manner that breaks every rule on how justice is delivered in our country. And this is why I find the need to draw the nation's attention to the serious violations of the constitution and law in the process, and the danger it holds for the development of the nation's democracy," she noted.

Gertrude Torkornoo warned that the implications of the process extend far beyond her individual case.

“This process will affect how all superior court justices and future chief justices may be removed from office. It also affects commissioners and heads of independent constitutional bodies set up to protect the freedom and justice of Ghanaian citizens as guaranteed under the 1992 Constitution,” she added.

She pointed out that constitutional architects intentionally created protections for key public officials, including justices of the superior courts, commissioners of CHRAJ, NCCE, the Auditor-General, and the Public Services Commission precisely to shield them from arbitrary removal or political retribution.

“It is only when these public officials can work without fear, control, or at the pleasure of influential people that freedom and justice will reign in Ghana", she noted.

Chief Justice Torkornoo also disclosed that she had taken legal action at the Supreme Court to challenge what she termed "troubling violations" in the process.

She specifically requested that the proceedings against her be held in public to ensure transparency and to allow Ghanaians to see the truth for themselves.

“I did so because I knew that the secrecy of the proceedings for removing justices was not created in the Constitution as a cover-up for any agenda. The constitution expects that only reasons grounded in law and transparency should guide the removal of a Chief Justice," she noted.

Following the determination of a prima facie case in the three petitions asking for the removal President John Dramani Mahama has suspended her and set up a five-member committee to inquire into the petitions.

The Supreme Court has unanimously dismissed her application for an interlocutory injunction against the committee set up by President Mahama to investigate her conduct.

In addition to rejecting her injunction application, the Supreme Court also unanimously struck out a supplementary affidavit filed by Justice Torkornoo.

The Court held that the affidavit disclosed confidential information that should have remained under wraps in accordance with Article 146 of the 1992 Constitution, which outlines the procedures for the removal of a Chief Justice or other superior court judge.

JKB/AE

You couldn’t have been a 'poor kid' – Watch Kwasi Kwarteng’s message to Bawumia