Mahama suspends CJ

President acts on petitions against top judicial officer

In a move that has sent ripples through Ghana’s legal and political landscape, President John Mahama has suspended the Chief Justice, Her Ladyship Justice Gertrude Torkornoo, pending an official investigation into allegations leveled against her. The decision follows the constitutional process set out in Article 146 of Ghana’s 1992 Constitution.

Constitutional grounds for suspension

The President’s action comes after the establishment of a committee to probe the substance of multiple petitions filed against the Chief Justice. According to a statement released from the Presidency, the decision to suspend Her Ladyship was made upon determining that a prima facie case had been established, warranting a formal inquiry.

President Mahama cited Article 146(6) of the Constitution, which requires the formation of a committee to investigate such allegations if preliminary findings indicate sufficient grounds.

Council of State consulted

The suspension was not a unilateral move. The President acted in consultation with the Council of State, as required by Article 146(10) of the Constitution. The council’s advice played a key role in the President’s issuance of a formal warrant of suspension, effective immediately.

Independent committee formed to lead investigation

To ensure transparency and impartiality, a five-member committee has been constituted, comprising individuals from diverse backgrounds with notable reputations for integrity and service:

Justice Gabriel Scott Pwamang – Justice of the Supreme Court

Justice Samuel Kwame Adibu-Asiedu – Justice of the Supreme Court

Daniel Yaw Domelevo – Former Auditor-General

Major Flora Bazwaanura Dalugo – Representative from the Ghana Armed Forces

Professor James Sefah Dzisah – Associate Professor, University of Ghana

This multi-sector panel has been tasked with conducting a thorough and fair investigation into the allegations.

Implications for the judiciary and governance

Justice Torkornoo’s suspension marks a significant development in Ghana’s judicial history. It underscores the checks and balances embedded in the nation’s democratic framework and the President’s commitment to upholding the rule of law, regardless of rank or office.

While the specifics of the allegations remain under wraps for now, the outcome of this probe could have long-lasting effects on the perception of judicial independence and accountability in Ghana.

Awaiting the committee’s findings

As the nation watches closely, the committee’s work will be crucial in determining the next steps. Whether it leads to reinstatement or further disciplinary action, the investigation is a litmus test for the strength and resilience of Ghana’s democratic institutions.

For now, the Chief Justice remains suspended, and the legal community—and the nation at large—awaits clarity on a matter that strikes at the very heart of justice and governance.