Historic Suspension of Ghana’s Chief Justice Raises Concerns Over Judiciary Independence

In a move that disrupts the established norms of the Ghanaian judiciary, President John Mahama has suspended Chief Justice Gertrude Torkornoo, marking the first time such an action has occurred in the nation’s history.

 

Ghana’s Supreme Court Chief Justice Gertrude Torkornoo has been suspended by President John Mahama, a move described as unprecedented in the nation’s judicial history. This decision follows the filing of three undisclosed petitions against Torkornoo, prompting an internal investigation into potential grounds for her dismissal. Historically, chief justices in Ghana have enjoyed significant security of tenure, which protects them from arbitrary removal, limiting grounds to serious allegations like incompetence or misconduct.

The content of the petitions behind the suspension remains confidential, and Torkornoo has not yet publicly commented on the situation. However, former attorney general Godfred Yeboah Dame condemned the suspension, calling it a severe attack on Ghana's judiciary independence. "It's the biggest assault on the judiciary in the nation's history," he claimed to the BBC.

Torkornoo, Ghana's third female chief justice, was appointed in 2023 by former President Nana Akufo-Addo. Just earlier this year, she successfully fended off a previous attempt to have her removed when the former president cited significant deficiencies in the petition. Following the current uproar, the nature and contents of the petitions were eventually made available to Torkornoo, allowing her the chance to respond privately to the allegations. She is expected to address the investigative committee soon, which will ultimately decide her fate regarding remaining in the high office she oversees.

As the situation develops, concerns are growing among legal circles about the implications for the rule of law and independent judiciary in Ghana. Local lawyers have expressed anxiety that the withholding of the initial petition documents infringed upon Torkornoo's right to a fair hearing. The unfolding events could have ripple effects on Ghana’s democratic institutions, with many watching closely to see how this unprecedented case will conclude.