THE IRONY AND SUSPENSE IN THE SUSPENSION AND REMOVAL OF GHANA’S CHIEF JUSTICE

THE IRONY AND SUSPENSE IN THE SUSPENSION AND REMOVAL OF GHANA’S CHIEF JUSTICE

‘I know your deeds, that you are neither cold (invigorating, refreshing) nor hot (healing, therapeutic); I wish that you were cold or hot. So because you are lukewarm (spiritually useless), and neither hot nor cold, I vomit you out of my mouth [rejecting you with disgust]’ – Revelation 3:15-16 (AMP).

Ghana is a country of many ironies and suspense. Some of the country’s political leaders are swift to execute matters that serve their interests. They, however, drag their feet when it comes to national issues that would serve Ghana’s interests. The country’s major political parties often criticise the shortcomings of some state institutions when they are in opposition, but only turn around to praise every action and inaction of these institutions when they are in government.  Besides, a governing party usually does the very thing it used to criticise when in opposition. A number of leaders in Ghana preach virtues but tend to practise vices. Furthermore, the perspectives of some leaders and citizens on national issues are always coloured and dictated by their political affiliations. Objectivity and fair-mindedness are often thrown into the political trash cans.

The recent suspension and removal of Ghana’s former Chief Justice are filled with irony and suspense. We are told that three Ghanaians filed different petitions for her removal from office. According to the Presidency, these petitions were referred to the former Chief Justice for her responses, which she gave. Not too long after her responses, we are informed that portions of the petitions were already in the public domain. Then we heard the petitions had been referred to the Council of State and that a prima facie case had been established. Then came the announcement of her suspension and the setting up of a five-member committee to probe the petitions.

More ironies and suspense unfolded during the period spanning between her suspension and removal from office. First, the political debates and conspiracy theories became intense.  While one side of the political divide joyfully welcomed her suspension and probe, the other side of the political divide decorated the then embattled Chief Justice as a perfect saint who should be immune from suspension and constitutional inquiry. To some, touching the former Chief Justice meant touching the independence of the judiciary. For others, no constitutional infractions had occurred in connection with the suspension and removal of the Honourable Chief Justice. Others believe that safeguarding the independence of the judiciary does not mean shielding judges from accountability or condoning judicial impunity. 

The second irony and suspense relate to comments from the legal fraternity in and outside Ghana. The Ghana Bar Association (GBA) initially called on all the parties involved in the process to act in accordance with the law. Not too long afterwards, GBA began to question the suspension and the removal processes of the embattled Chief Justice. The GBA, however, chose to make its legal arguments outside the courtroom; hence, it ended up becoming a toothless bulldog. Then, in the midst of national mourning, the Bar Council of England and Wales and the Commonwealth Lawyers launched their criticisms and directives, which required the President of Ghana to revoke the suspension of the erstwhile Chief Justice and uphold the independence of the judiciary. The Presidency, as usual, pushed back through its Attorney-General and Minister for Justice. Ultimately, the UK Bar Council’s criticisms and directives remained opinions with no binding force.

The third irony and suspense relate to the legal battles. Two citizens rushed to the Supreme Court for an injunction and other reliefs, the effect of which would have halted the suspension and removal of the former Chief Justice. The apex court dismissed their initial applications. Then the Honourable Chief Justice herself went to the apex court to challenge her removal process. Her colleagues at the court disagreed with her views and threw out her application. The next thing we saw the Honourable Chief Justice doing was addressing the nation through the media. She made all kinds of allegations, yet she appeared not to have courted the sympathy of Ghanaians. Subsequently, she went to the High Court to assert her fundamental human rights, but the High Court dismissed her application. We later heard that the Honourable Chief Justice has gone to the ECOWAS court. At this stage, we did not hear her voice in the media again. She also submitted herself to the constitutional inquiry and exerted all efforts to establish her innocence and contest the claims of her accusers.

On 1 September 2025, the President of Ghana, acting on the committee's recommendation regarding one of the petitions, removed the Chief Justice from office. The announcement of her removal has once again reignited legal and political debates about the fairness of the constitutional inquiry and the independence of Ghana’s judiciary. Amidst these debates, we are informed that parts of the committee’s hearing have been leaked to the media.

The following rhetorical questions mimic some of the real ironies and suspense in the suspension and removal of the Honourable Chief Justice:

1. Why was the Chief Justice suspended?

2. Was her suspension a necessary step for political advantage or for the proper functioning of the judiciary?

3. Will the current Council of State establish a prima facie case if a petition bordering on allegations of misconduct, incompetence and inability is brought against the Acting Chief Justice or a future Chief Justice?

4. Will the President suspend the Acting Chief Justice or the next Chief Justice if petitions are filed for that person’s removal from office?

5. What did the former Chief Justice seek to achieve through her media addresses pending her suspension? Why did she later submit herself to the very committee she aimed to oppose?

6. Why did the GBA and the UK Bar Council choose to undertake their legal arguments outside the courtroom if the independence of the judiciary was really under threat? 

7. Why has Ghana failed to formulate specific procedures to police Article 146 of the 1992 Constitution for over three decades, leaving this sensitive matter in the hands of a few decided cases and political debates?

8. In what ways is the independence of the judiciary adversely affected if the constitutional processes under Article 146 of the 1992 Constitution are triggered?

9. Why should the report of the five-member committee, which recommended the removal of the Chief Justice, remain secret after the committee has completed part of its work?

10. Why did the committee submit its report on one of the petitions to the President for his action while the other two petitions are still pending?

11. Is the committee being sincere in assuring Ghanaians that the report on the other two petitions will be submitted to the President at a future date?

12. What caused parts of the petitions and the committee’s hearing to be leaked in the media?

13. Were the Honourable Chief Justice and her lawyers made aware that the committee would submit its report to the President for his action after hearing only one of the three petitions?

14. What accounted for the dead silence on the part of Civil Societies, Religious Groups, Opinion Leaders and other Stakeholders concerning the suspension and the removal process of the Chief Justice? 

15. Is the suspension and removal of the former Chief Justice a victory for democracy or a victory for some disgruntled political leaders who might have sought political revenge? 

16. Is the suspension and subsequent removal of the former Chief Justice a feather in Ghana’s cap for probity and accountability or a dent in President Mahama’s administration?

17. What happens if the ECOWAS Court denounces the suspension and removal of the Chief Justice?

18. Why are some political leaders threatening the removal of a future Chief Justice and other judges in the Supreme Court because of the removal of the Chief Justice?

19. Will the GBA, UK Bar Council, and other dissatisfied political leaders or individuals now pursue legal action to contest the constitutionality and legality of the suspension and removal of the Chief Justice?

20. Given that the President responded promptly to the report submitted by the five-member committee within hours, will he similarly act with urgency and decisiveness to tackle other sensitive national concerns, such as the illegal mining problem in Ghana?

Ghana is gradually descending into a state of political anarchy. Partisan politics take centre stage in national issues and governmental decisions. It has become a haven for unjust enrichment, political influence, political idiocy, and a shield from accountability. Winning and retaining political power is the driving force behind several governmental decisions. Political parties in the country have reduced democracy to a mere election process, political power and a moneymaking venture. Accountability, transparency, honesty, sustainable growth and development are often sacrificed for the sake of political power. Any agenda to reset Ghana should be driven by fairness, honesty, accountability, transparency, posterity and generational thinking. The rule of law should be upheld as a national principle in all matters, regardless of its impact on a political party, a political leader, any official, or the citizenry. The agenda to reset and transform Ghana should be a national one, devoid of partisan politics and deceit. 

Richard Obeng Mensah, author of Wisdom Thoughts. The writer is an award-winning, prolific author of nine books and over 250 articles and op-eds on legal and non-legal themes. The writer is a Fellow of the Brew-Hammond Energy Centre at KNUST, Kumasi, Ghana. He is a pastor, lawyer, law lecturer, certified life and leadership coach, and a blogger. The writer is also a Chevening Scholar and a scholar of the ALI-incubator.

Email: richardobengmensah@gmail.com 

Mobile: +233 (0)246 556 774. 

Blog: https://richard-obeng-mensah.blogspot.com/?m=1 

Google Scholar link: https://scholar.google.com/citations?user=zh3DbrkAAAAJ&hl=en 

Publication History: Authored on 04/09/2025 and published on the author’s blog on 09/09/2025.  

Acknowledgement: The writer appreciates the critiques and valuable comments of his Editorial Team on this write-up. He, however, holds the sole responsibility for the content of this write-up.  

References: 

1. Felix Kwakye Ofosu, ‘President Mahama suspends Chief Justice after setting up committee to probe petitions’ [Presidency Communications] >www.presidency.gov.gh< Accessed 22 April 2025.

2. Kenneth Awotwe Darko, ‘Mahama suspends Chief Justice after setting up committee to probe petitions’ >https://www.myjoyonline.com/mahama-suspends-chief-justice/< Accessed on 22 April 2025.

3. Efua Ghartey and Kwaku Gyau Baffour, ‘Ghana Bar Association’s Statement on the Process for the Removal from Office of the Chief Justice of the Republic of Ghana’ [Ghana Bar Association, 24 April 2025].

4. Efua Ghartey and Kwaku Gyau Baffour, ‘Resolution of the Ghana Bar Association Passed at its 2025 Midyear Conference Held at the Labadi Beach Hotel, La, Accra, on Saturday, 26th April 2025’ [Ghana Bar Association, 26 April 2025].

5. AdomOnline, ‘‘The law is not in the bosom of the Bar’ – Thaddeus Sory Unleashes legal fire on GBA” > https://www.adomonline.com/the-law-is-not-in-the-bosom-of-the-bar-thaddeus-sory-unleashes-legal-fire-on-gba/< Accessed 30 April 2025.

6. Edzorna Francis Mensah, ‘Removal of CJ: Mahama Ayariga explains Article 146 (10) in Support’ > https://fmnewsonline.com/news/removal-of-cj-mahama-ayariga-explains-article-146-10-in-support/< Accessed 30 April 2025.

7. GhanaWeb, ’47 out of over 5,000 GBA members passed resolution for revocation of CJ’s suspension-Reports’ > https://fmnewsonline.com/news/removal-of-cj-mahama-ayariga-explains-article-146-10-in-support/< Accessed 30 April 2025.

8. GhanaWeb, “‘NPP government will dismiss all seven nominated Supreme Court judges’ – Dennis Aboagye” > https://mobile.ghanaweb.com/GhanaHomePage/politics/NPP-government-will-dismiss-all-seven-nominated-Supreme-Court-judges-Dennis-Miracles-Aboagye-1982103#< Accessed 1 May 2025.

9. GhanaWeb, ‘Supreme Court throws out application for reinstatement of CJ Torkornoo’ > https://www.ghanaweb.com/GhanaHomePage/NewsArchive/BREAKING-Supreme-Court-throws-out-application-for-reinstatement-of-CJ-Torkornoo-1982756< Accessed 3 May 2025.

10. GhanaWeb, ‘Supreme Court dismisses suit seeking reversal of Torkornoo’s suspension in 4-1 verdict’ > https://www.ghanaweb.com/GhanaHomePage/NewsArchive/BREAKING-Supreme-Court-dismisses-suit-seeking-reversal-of-Torkornoo-s-suspension-in-4-1-verdict-1984813< Accessed 21 May 2025.

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13. Centre for Citizenship Constitutional Electoral System LBG (CenCES) v The Attorney-General & 2 Others [Suit No. WRIT No. J1/20/2025] Supreme Court. Ruling delivered on 21st May 2025. 

14. Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo v The Attorney-General & 5 Others [Civil Suit No. J8/113/2025] Supreme Court. Ruling delivered on 28th May 2025.

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16. Law Platform, ‘High Court dismisses Judicial Review Application of Justice Torkornoo against Justice Pwamang C’ttee’ > https://www.thelawplatform.online/post/high-court-quashes-judicial-review-application-of-justice-torkornoo-against-justice-pwamang-cttee < Accessed 31 July 2025.

17. Commonwealth Lawyers Association, ‘Statement/The Bar Council of England and Wales and Commonwealth Lawyers Association Statement on the Suspension of the Chief Justice of Ghana’ > https://share.google?link=https://www.commonwealthlawyers.com/statement/the-bar-council-of-england-and-wales-and-the-commonwealth-lawyers-association-statement-on-the-suspension-of-the-chief-justice-of-ghana/&utm_source=igadl,igatpdl,sh/x/gs/m2/5&utm_campaign=share-sdl-iga-3p,17656257< Accessed 15 August 2025.

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21. Felix Kwakye Ofosu, ‘President Mahama removes Chief Justice Gertrude Araba Esaaba Sackey Torkonoo from office’ [Presidency Communications] >www.presidency.gov.gh< Accessed 1 September 2025.

22. MyJoyOnline, ‘First Petition Against Chief Justice: 25 witnesses, 10,000 pages of exhibits reviewed’ > https://www.myjoyonline.com/first-petition-against-chief-justice-25-witnesses-10000-pages-of-exhibits-reviewed/ < Acceded 1 September 2025.

23. David Apinga, “Next Chief Justice could be removed with ‘flimsy petition’ – Former Dep. AG. Warns” > https://www.myjoyonline.com/next-chief-justice-could-be-removed-with-flimsy-petition-former-dep-ag-warns/ < Accessed 2 September 2025.

24. Thomas Naadi, ‘Ghana chief justice sacked over allegations of misuse of public funds’ > https://www.bbc.com/news/articles/czxyxe55yjdo< Accessed 2 September 2025.

25. Callistus Mahama, ‘Notification of Removal from Office – Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, Chief Justice of the Republic of Ghana’ [Office of the President, 1 September 2025].

26. GhanaWeb, “The ‘sins’ of sacked Chief Justice Torkornoo’ >https://www.ghanaweb.com/GhanaHomePage/NewsArchive/The-sins-of-sacked-Chief-Justice-Torkornoo-1998881< Accessed 2 September 2025.

27. Elizabeth Ohene, ‘Removing a Chief Justice; Removing Our Chief Justice’ [Unpublished]. Accessed on WhatsApp on 3 September 2025.

28. GhanaWeb, ‘Entire Supreme Court justices will be sacked in 2029 – Former MP’ > https://www.ghanaweb.com/GhanaHomePage/NewsArchive/Entire-Supreme-Court-justices-will-be-sacked-in-2029-Former-MP-1999162< Accessed 4 September 2025.

29. Leticia Osei, “Removal of Chief Justice ‘well orchestrated and well executed’” [CNR 1 September 2025]> https://citinewsroom.com/2025/09/removal-of-chief-justice-well-orchestrated-and-well-executed-kpemka/ < Accessed 4 September 2025.

30. Enoch Darfah Frimpong, ‘This is why Justice Gertrude Torkornoo has been removed as Chief Justice and Justice on Supreme Court bench’ > [ Graphic Online 1 September 2025] https://share.google/qWKOTmutgDdXFgsEx < Accessed 7 September 2025.

31. Michael Asiedu, ‘Ghana’s Historic Chief Justice Suspension Reveals Judicial Fragility’ [Democracy in Africa 2025] > https://share.google/qWKOTmutgDdXFgsEx < Accessed 7 August 2025.

32. GhanaWeb, ‘Thaddeus Sory weighs in on Mahama’s dismissal on Chief Justice Torkornoo’ > Source: GhanaWeb https://share.google/uKzO7WErU3V3Mt2iw< Accessed 8 September 2025.