Private legal practitioner Martin Kpebu has expressed regret that former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo did not have the option to resign before her removal from office.

Speaking on TV3 while reacting to the development on Monday, September 1, Mr. Kpebu explained that under Ghana’s constitutional provisions, once the hearing of a removal petition begins, the Chief Justice cannot step down voluntarily.

“I was hoping that there would be a way for her to resign, but that wasn’t the case. Once they start the hearing, the respondent or the Chief Justice cannot resign,” he noted.

President Mahama Officially Removes Chief Justice Torkornoo

Earlier on Monday, President John Dramani Mahama announced the removal of Justice Torkornoo from office in accordance with Article 146(9) of the 1992 Constitution.

A statement issued by the Minister of Government Communications confirmed the decision, stating:

“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 Torkonoo, from office with immediate effect. This follows receipt of the report of the Committee constituted under Article 146(6) to inquire into a petition submitted by a Ghanaian citizen, Mr. Daniel Ofori. After considering the petition and the evidence, the Committee found that the grounds of stated misbehaviour under Article 146(1) had been established and recommended her removal from office. Under Article 146(9), the President is required to act in accordance with the committee’s recommendation.”

Background to the Removal Process

Justice Torkornoo’s removal comes after President Mahama received the final report of the Article 146 Committee of Inquiry. The committee was set up following the establishment of a prima facie case based on three separate petitions seeking her removal.

In April 2025, Justice Torkornoo was suspended in line with Article 146(6) of the Constitution after consultations with the Council of State. Following the suspension, President Mahama appointed a five-member committee to investigate the allegations.

The committee was chaired by Justice Gabriel Scott Pwamang of the Supreme Court. Other members included:

• Mr. Daniel Yaw Domelevo, former Auditor-General
• Major Flora Bazaanura Dalugo, Ghana Armed Forces
• Prof. James Sefah Dzisah, Associate Professor, University of Ghana

Justice Pwamang, while presenting the report, reiterated the committee’s mandate under Article 146 Clauses (7) and (8):

“Our remit is clear: to inquire into the petitions in camera, hear the person against whom the petitions have been brought in her defence by herself or her counsel, and then make a recommendation to the President.”

With the committee’s recommendation submitted, President Mahama acted in accordance with constitutional provisions, officially removing Justice Torkornoo from her role as Chief Justice.