The Ghana Center for Democratic Development (CDD-Ghana) has called for greater transparency in the ongoing process to remove Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, who was suspended following the establishment of a prima facie case based on three petitions.
Executive Director of CDD-Ghana, Professor H. Kwasi Prempeh, has particularly criticized Article 146 of the 1992 Constitution, which governs the removal of superior court justices, arguing that it fosters secrecy and undermines public confidence in the judiciary.
Prof. Prempeh expressed concern over the lack of disclosure regarding the grounds for the petitions and the findings of the removal proceedings. “Even if the proceedings must be held in camera, the findings, grounds, and supporting evidence must be made public,” he stated.
According to him, justice must not only be done but must be seen to be done — and that includes ensuring the public understands why a Chief Justice is removed or retained.
He further challenged the composition of the five-member committee investigating the matter, questioning the inclusion of sitting judges in cases involving their peers.
“None of the CJ’s judicial colleagues should be judging such a case,” he said. Instead, he recommended using retired judges or experienced civil servants to maintain impartiality and avoid any potential conflict of interest.
He also proposed removing the President from the process, except for enforcing the final decision.
Chief Justice Torkornoo was suspended on April 22, 2025, by President John Dramani Mahama, following consultations with the Council of State.
A five-member committee, chaired by Justice Gabriel Pwamang, was set up to probe the petitions, but civil society and legal experts have since raised concerns over the opaque nature of the process. Justice Paul Baffoe-Bonnie, the most senior Supreme Court judge, is currently acting as Chief Justice.
