The Minority Leader in Parliament, Alexander Afenyo-Markin, has disagreed with the removal of Justice Gertrude Torkornoo as Chief Justice and Supreme Court judge, calling the decision an attack on Ghana’s democracy.
According to Afenyo-Markin the country is now mourning democracy after the “unfair” removal of Justice Torkornoo. He warned that the move could shake Ghana’s justice system.
Speaking to journalists in Akwatia on Tuesday, September 2nd, 2025, Afenyo-Markin questioned the process that led to her dismissal.
“We are mourning democracy. You claim that you have charges against the Chief Justice. You are done with count one, counts two and three are not concluded, and then you dismiss the person. That is the work of the Pwamang Committee? That is what Pwamang did as a judge?”
AYIKOI OTOO
Afenyo-Markin’s condemnation of the removal of the Chief Justice has found support from former Attorney-General and Minister of Justice, Nii Ayikoi Otoo, who argued that Justice Torkornoo had committed no wrongdoing.
According to Mr. Ayikoi Otoo, the Committee overlooked established judicial travel policies when evaluating allegations connected to her entitlements.
SOPHIA AKUFFO
Former Chief Justice Sophia Akuffo, who also serves on the Council of State, also criticized the process leading to Justice Torkornoo’s removal, calling it a “rigmarole” unworthy of any judge, let alone the Chief Justice. To her, this act has weakened the judiciary.
In a yet-to-be-aired TV3 interview, Madam Akuffo said:
“The [allegations] lack the gravity that will lead to a grave outcome such as the removal of the head of an institution of justice. I pray to God that no Chief Justice, no Judge should go through this rigmarole again.
She did not get a fair trial. Even though it is not a trial strictly speaking, it was handled as though it were a treason trial,” she explained.
REMOVAL REASONS
President John Dramani Mahama removed Justice Torkornoo on Monday, September 1, 2025, in accordance with Article 146(9) of the 1992 Constitution. A statement from the Presidency explained that the decision followed a recommendation by a committee set up under Article 146(6) to investigate a petition filed by citizen Daniel Ofori. The removal took immediate effect.
The Presidency’s statement, signed by Minister for Government Communications, Felix Kwakye Ofosu, noted that the President was constitutionally obliged to act on the committee’s recommendation.
“President John Dramani Mahama has, in accordance with Article 146(9) of the 1992 Constitution, removed the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkonoo, from office with immediate effect.
This follows receipt of the report of the Committee constituted under Article 146(6) to inquire into a petition submitted by a Ghanaian citizen, Mr Daniel Ofori. After considering the petition and the evidence, the Committee found that the grounds of stated misbehaviour under Article 146(1) had been established and recommended her removal from office.
Under Article 146(9), the President is required to act in accordance with the committee’s recommendation,” the statement reads.
The committee recommended Justice Torkornoo’s removal following an inquiry into petitions alleging misconduct. Among the main findings were:
Her travel to Tanzania and the United States in September 2023, during which public funds were allegedly used to cover expenses for her spouse and daughter, was deemed “unlawful expenditure of public funds” and “avoidable and reckless.”
The unjustified transfer of a Judicial Service staff member, Mr. Baiden, breached constitutional provisions.
Her involvement in recommending appointments to the Supreme Court, despite being aware of the proper procedures, was considered misbehaviour.
The Committee concluded that Justice Torkornoo’s actions fell within the definition of “stated misbehaviour” under Article 146(1) of the Constitution.
Following the committee’s report, President Mahama acted under Article 146(9) to remove Justice Torkornoo as Chief Justice and Supreme Court Justice, making her the first head of the judiciary in Ghana’s Fourth Republic to be removed under this constitutional provision.
Justice Torkornoo, appointed Chief Justice in 2023, succeeded Justice Kwasi Anin Yeboah and became Ghana’s third female Chief Justice after Justices Georgina Theodore Wood and Sophia Akuffo. Her appointment was approved by Parliament on June 7, 2023.
The decision to remove her immediately has sparked a debate across Ghana’s political and legal spheres, with concerns over the independence of the judiciary and the integrity of the democratic process.
Background of the Controversy
On April 22, 2025, President Mahama suspended Justice Torkornoo after establishing a prima facie case based on three separate petitions alleging misconduct and incompetence. A five-member inquiry panel, chaired by Supreme Court Justice Gabriel Scott Pwamang, was appointed to investigate the claims. The panel included Justice Samuel Adibu-Asiedu, former Auditor-General Daniel Yaw Domelevo, Major Flora Bazaanura Dalugo of the Ghana Armed Forces, and Professor James Sefah-Dzisah of the University of Ghana.
During the investigation, Justice Paul Baffoe-Bonnie, the most senior Supreme Court judge, acted as Chief Justice. The suspension and investigation sent shockwaves through Ghana’s legal community.
The Ghana Bar Association condemned the suspension as unconstitutional, noting that no official Constitutional Instrument or regulation justified the president’s discretionary action. Likewise, the Centre for Democratic Movement (CDM) denounced the process as politically skewed and lacking transparency, undermining judicial independence and due process.
Justice Torkornoo publicly described the suspension and removal as “arbitrary,” “cruel,” and unconstitutional, and refused to resign, arguing that doing so would amount to conceding to a flawed process.
