The suspension of Chief Justice Gertrude Torkornoo by President John Mahama on April 22, 2025, has triggered a major legal and political controversy, marking the first time a sitting Chief Justice has been suspended under Ghana’s 1992 Constitution. The Ghana Bar Association (GBA) has responded with deep concern, calling for strict adherence to constitutional provisions and warning against potential abuses of executive power.
Constitutional Debate and Legal Concerns
According to Article 146 of the Constitution, the removal of a Chief Justice requires the formation of a five-member investigative committee, appointed by the President in consultation with the Council of State. The committee must include two Supreme Court Justices and three individuals unaffiliated with any political party, and its proceedings are to be held in camera. While the Constitution allows for the Chief Justice to be suspended pending investigations, the GBA has raised red flags about the transparency and legitimacy of the process, particularly as multiple petitions and legal challenges are still pending.
Political Reactions and Accusations
The opposition New Patriotic Party (NPP) has strongly condemned the suspension, describing it as unconstitutional and politically motivated. Party officials claim the move undermines judicial independence and due process, threatening public protests and demanding the reinstatement of Justice Torkornoo. Civil society groups such as the Ghana Centre for Democratic Development (CDD-Ghana) have echoed these concerns, calling for greater transparency and judicial reforms.
President Mahama has previously criticized the judiciary, alleging it was filled with judges loyal to the NPP—a claim the GBA has firmly rejected. The Association maintains that judicial appointments must be judged on competence and professionalism, not political leanings.
GBA Pushes Back: Conference Resolution and Legal Justification
At its 2025 Mid-Year Conference in Accra, the Ghana Bar Association issued a communiqué demanding that President Mahama revoke the Chief Justice’s suspension. The GBA argues that the suspension, as carried out, is unconstitutional, citing Article 146(10), which mandates the development of specific regulations—such as a constitutional or executive instrument—before discretionary powers can be exercised in such sensitive cases.
Saviour Kudze, Public Relations Officer of the GBA, explained the Association’s position with an encounter with the media on April 29:
“There ought to have been regulations in the nature of a constitutional instrument or executive instrument before exercising such discretion… We are of the view that the president has not done well.”
Government Pushback: Justice Ministry Responds
Deputy Attorney General and Minister for Justice, Justice Srem-Sai, dismissed the GBA’s position, accusing the Association of attempting to subvert constitutional procedures.
“If a group of lawyers meet at an event and decide that the best call they can make is that the president unmakes that which the constitution says should be private, what does that tell you? It tells you that it is a group trying to subvert the constitution,” Srem-Sai said.
He argued that confidentiality is a constitutionally mandated component of the removal process, as confirmed by several court rulings, and that the GBA’s call to publicise the matter violates this principle.
NDC Legal Team Defends Suspension
Adding to the government’s defense, Edudzi Tamakloe, Director of Legal Affairs for the National Democratic Congress (NDC), insisted that the President acted within the bounds of the law.
“A prima facie determination is derived from the validity of the petition, and that duty… has been performed. There is nothing in the constitution that prevents the Council of State from performing its role once the petition has been referred. Any attempt to stop that process will be subverting the constitution,” he said.
Broader Implications for Ghana’s Judiciary
The unfolding situation underscores deep tensions between the executive, judiciary, and legal profession. While the Constitution provides mechanisms for judicial accountability, the current crisis has raised pressing questions about judicial independence, the separation of powers, and the potential for political overreach.
As the investigation into the Chief Justice proceeds, the stakes remain high. The outcome will not only determine the fate of Justice Torkornoo but may also set a precedent for the relationship between Ghana’s executive and judicial branches in the years to come.
Story by: Alexander Kukah
