Constitutional law expert, Kwaku Ansah Asare, has defended the removal of Justice Gertrude Araba Esaaba Sackey Torkonoo from office, insisting that the action was backed by the 1992 Constitution.
“The entire process has the support of the 1992 Constitution,” he noted, stressing that the President acted in line with Article 146(9). He further remarked, “The removal was right because the President acted on the committee’s recommendation.”
Justice Torkonoo’s dismissal followed a four-month inquiry into petitions alleging stated misbehaviour. The committee, chaired by Justice Gabriel Scott Pwamang of the Supreme Court, presented its findings to the presidency on September 1, 2025. The report upheld the claims, recommending her removal, which the President promptly enforced.
A press statement issued by the presidency clarified that the action complied strictly with constitutional demands. Article 146(9) specifically mandates the President to act on the recommendations of the committee once a prima facie case has been established and confirmed.
The petitions were originally submitted by Ghanaian citizen Daniel Ofori, leading to the suspension of Justice Torkonoo in April 2025. During the period, Justice Paul Baffoe-Bonnie was appointed to serve as Acting Chief Justice.
Justice Torkonoo, who became the 15th Chief Justice of Ghana and the third woman to hold the position, was sworn into office in June 2023. Her removal marks the first in the Fourth Republic under this constitutional provision.
While her tenure was cut short, her contributions to judicial reforms remain notable. Since joining the bench in 2004, she was instrumental in establishing the Commercial Division of the High Court, supporting the automation of judicial processes, and strengthening alternative dispute settlement frameworks.
Mr. Ansah Asare explained that the removal reflects the strength of Ghana’s democracy and constitutional rule.
“The rule of law has spoken and we should all accept it,” he said.
