University of Ghana law lecturer, Prof. Kwadwo Appiagyei-Atua, has stated that the removal of Chief Justice Gertrude Torkornoo by President John Mahama strictly adhered to the constitutional framework.
Speaking on JoyNews’ Pulse, Prof. Appiagyei-Atua explained that the process leading to the September 1 decision was consistent with Article 146 of the 1992 Constitution, making it difficult to cite any legal lapses.
“From the constitutional angle, due process was followed,” he emphasized, describing the outcome as expected. “It was a foregone conclusion looking at the way proceedings went.”
According to him, while the political consequences of the decision may spark debate, the President acted lawfully after receiving the Article 146 Committee of Inquiry’s recommendation. Prof. Appiagyei-Atua further defended Justice Torkornoo’s posture during the inquiry, noting that her firm and confrontational approach was a legitimate effort to protect her rights.
“She had to fight for her rights,” he stressed, adding that her decision to challenge aspects of the process at the Human Rights Court was also justified.
Alternative Viewpoint from Kwaku Ansa-Asare
However, former Director of the Ghana School of Law, Kwaku Ansa-Asare, disagreed. He argued that Justice Torkornoo’s combative approach negatively impacted her chances of retaining her position.
“Her confrontational attitude made it impossible for her to be reinstated as Chief Justice,” he noted, insisting that her posture strained relationships with key stakeholders.
Article 146 Committee’s Report to the President
Earlier today, the Chairman of the Article 146 Committee of Inquiry presented its first report on the petitions seeking the Chief Justice’s removal to President John Mahama at the Jubilee House.
The Committee, after months of reviewing testimonies and over 10,000 pages of documentary evidence, concluded that grounds of stated misbehavior under Article 146(1) had been established against the Chief Justice. Both parties were represented by four lawyers each during the proceedings.
The Chairman assured that the deliberations were carried out fairly and impartially, stating:
“After critical and dispassionate examination and assessment of all the evidence, we have, without fear or favour, arrived at a recommendation on the first petition.”
The sealed recommendation was then formally submitted to the President, paving the way for his decision to remove Chief Justice Gertrude Torkornoo.
