President John Dramani Mahama has, in accordance with Article 146(9) of the 1992 Constitution, removed the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, from office with immediate effect.
This decision follows the submission of a report by the Committee constituted under Article 146(6) to inquire into a petition presented by a Ghanaian citizen, Mr Daniel Ofori.
A statement signed by the Minister of Government Communications, Felix Kwakye Ofosu, on Monday, 1 September, indicated that after careful consideration of the petition and the evidence, the Committee concluded that the grounds of stated misbehaviour under Article 146(1) had been established. It therefore recommended her removal from office.
Under Article 146(9), the President is constitutionally obliged to act in accordance with the Committee’s recommendation.
Chief Justice Torkornoo had earlier been suspended on Tuesday, 22 April, by President John Dramani Mahama in line with Article 146(6) of the Constitution, following consultation with the Council of State into the three (3) petitions seeking her removal.
In accordance with constitutional requirements, the President established a five-member committee to investigate the petitions. The members included: Justice Gabriel Scott Pwamang, Justice of the Supreme Court (Chairman); Justice Samuel Kwame Adibu-Asiedu, Justice of the Supreme Court; Daniel Yaw Domelevo, Former Auditor-General; Major Flora Bazwaanura Dalugo of the Ghana Armed Forces; and Professor James Sefah Dzisah, Associate Professor at the University of Ghana.
Earlier in the day, the committee presented its first report to President Mahama at a brief ceremony at the Presidency. Delivering the report on behalf of the panel, Justice Gabriel Pwamang revealed that the hearings had been conducted in camera, in line with Article 146(7), and stressed that the committee refrained from public commentary despite what he described as “blatant false statements made about members of the committee and our work.”
The first petition, filed by Mr Ofori, saw testimony from 13 witnesses for the petitioner, while the Chief Justice, who also gave evidence and was cross-examined, presented 12 witnesses, including expert testimony. The panel reviewed approximately 10,000 pages of documentary exhibits, with each side represented by four lawyers.
Justice Pwamang noted:
“After critical and dispassionate examination and assessment of all the evidence, including expert testimony, against the provisions of the Constitution and the laws, we have, without fear or favour, arrived at a recommendation on the first petition”.
He further disclosed that both the second petitioner and the Chief Justice had requested an adjournment in respect of the second petition, which was granted by the committee.
