On September 1, 2025, President John Dramani Mahama removed Chief Justice Gertrude Araba Esaaba Sackey Torkornoo from office, marking a significant moment in Ghana’s history. Mahama, who faced judicial tensions during his 2012-2017 term, acted following a committee’s investigation into a petition by citizen Daniel Ofori. The committee, under Article 146(6) of the 1992 Constitution, found evidence of stated misbehavior and recommended removal, which Mahama enforced per Article 146(9).
A Peek into Ghana’s Unique Constitutional Playbook
Ghana’s system allows the president to remove the Chief Justice after a committee investigation, a process that began with Torkornoo’s suspension in April 2025. This contrasts with Kenya, where the Judicial Service Commission handles such matters independently and the president has no direct role. In South Africa and Nigeria, independent bodies lead discipline, with the president acting only formally. Ghana’s approach ties the president to the committee’s decision, raising questions about judicial independence.
Why Is Ghana’s System So Different?
The 1992 Constitution, shaped by Ghana’s history of military rule, balances judicial tenure with executive accountability. Article 146’s “stated misbehavior” clause differs from Kenya’s detailed Article 168 process, which requires broader consensus. This uniqueness reflects Ghana’s effort to address misconduct but invites debate on fairness, especially as Torkornoo’s team called the process unfair.
The Case That Triggered It All: What Happened?
Ofori’s petition led to a private inquiry under Article 146(8), with 25 witnesses heard. Torkornoo denied the charges and appealed to the ECOWAS Court, but the Supreme Court upheld the process. The 2013 election petition case under Chief Justice Atuguba and Agyei Twum v Attorney General set precedents for such inquiries.
What This Means for Judicial Independence
As the first removal since 1992, this raises concerns about political influence, especially given Torkornoo’s appointment by a rival party. Kenya’s 2018 Maraga case showed a stronger buffer against executive overreach, while Ghana’s system lacks this, per the Ghana Bar Association’s concerns.
Who Steps Up Next?
Mahama must now appoint a new Chief Justice, consulting the Council of State and parliament, with Justice Paul Baffoe Bonnie as acting Chief Justice.
A Global Lens: How Do Others Handle This?
In the US, judges are removed vide congressional impeachment and in the UK, the Judicial Conduct Investigations Office leads. Ghana’s president led system stands apart, inviting global attention.
The Bigger Picture: What’s at Stake?
This case tests Ghana’s democracy and public trust, already low at 62 percent per a 2021/23 survey. Investors and citizens, like protester Serwaa Akoto, watch closely. The outcome will shape the judiciary’s future.
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