Mahama removes CJ Torkornoo over stated misbehaviour

President Acts on Article 146 Committee recommendation

President John Mahama has dismissed Chief Justice Gertrude Torkornoo from office with immediate effect. This follows the submission of a report by a constitutional committee established under Article 146(6) of the 1992 Constitution of Ghana.

The committee was tasked with investigating allegations of stated misbehaviour brought against the Chief Justice by private citizen Daniel Ofori. His petition was one of three filed against Justice Torkornoo, but only his was admitted for investigation.

Committee Finds Grounds of Misbehaviour

After weeks of reviewing testimonies and examining evidence, the committee concluded that Chief Justice Torkornoo had indeed engaged in conduct that met the threshold of “stated misbehaviour” as outlined in Article 146(1) of the Constitution.

Based on these findings, the committee recommended that the Chief Justice be removed from office.

President Bound by Constitutional Requirement

Under Article 146(9), once such a recommendation is made, the President is constitutionally obligated to act upon it. President Mahama, therefore, had no discretion in the matter and was compelled to remove the Chief Justice.

Presidency Confirms Immediate Dismissal

A statement released by the Office of the President and signed by Minister for Government Communications and Presidential Spokesperson, Felix Kwakye Ofosu, confirmed the decision. The statement emphasized that the dismissal of Justice Torkornoo takes effect immediately.

Implications for the Judiciary

This unprecedented move marks a significant moment in Ghana’s judicial and political history. The removal of a sitting Chief Justice is a rare occurrence and is expected to raise both legal and public discourse over judicial accountability and the process of oversight.

More details are expected to emerge as official documents are released and the remaining two petitions are reviewed.

Probe Committee’s key findings
Among its findings, the committee cited:

Unlawful expenditure of public funds: The committee held that the Chief Justice caused the Judicial Service to pay travel expenses for her husband and daughter during private holiday trips in 2023, including per diem allowances. This, the report stated, was an “avoidable and reckless dissipation of public funds.”

Abuse of discretionary power: The committee found that her handling of the transfer of one Mr. Baiden breached Article 296(a) and (b) of the Constitution, describing the act as misbehaviour.

Interference in judicial appointments: The report also noted that she sought to bypass the established process for nominating Justices of the Supreme Court, contrary to precedent set in the Ghana Bar Association case. The committee concluded this amounted to misbehaviour.Ghana travel guide

Recommendation and Removal
Summarizing its findings, the committee declared that the Chief Justice’s conduct fell squarely within the constitutional definition of “stated misbehaviour” and, therefore, recommended her removal in accordance with Article 146(7).

Bound by Article 146(9), which makes the President’s action mandatory once such a recommendation is made, President Mahama formally removed Justice Torkornoo by Warrant of Removal under the Presidential Seal.

The decision, which took effect immediately, also ends her tenure as a Justice of the Supreme Court.