A former member of the Council of State, Sam Okudzeto, has cast doubt on the likelihood of President John Mahama reinstating Chief Justice Gertrude Torkornoo after the conclusion of an ongoing probe into multiple petitions filed against her.
Speaking to Accra-based TV3, Mr. Okudzeto acknowledged that the President acted within the confines of the Constitution in suspending the Chief Justice following the establishment of a committee to investigate the petitions.
However, the legal luminary expressed skepticism that the Chief Justice will return to her role even if the committee clears her of wrongdoing.
“The President has the power to reinstate that person [the Chief Justice],” he said. “But of course, I don’t see it happening in this case.”
The Chief Justice was suspended on April 23, 2025, following advice from the Council of State and in line with Article 146(6) of the 1992 Constitution, which mandates the formation of a committee to investigate a superior court judge once a prima facie case is established.
Mr. Okudzeto noted that while the constitutional framework is being followed, the timing and emergence of multiple petitions, particularly after a similar one was dismissed under former President Akufo-Addo, raise suspicions of interference.
He recalled his role as part of the Council of State during the Akufo-Addo administration, when an initial petition seeking the removal of Justice Torkornoo was dismissed after consultations.
“It was dealt with by the Council of State and the Council of State [at the time] said it found no merit in the petition so it was recommended to be dismissed,” Mr Okudzeto explained on Tuesday.
According to him, the sudden resurgence of new petitions under the current government is concerning.
“But then the question is that when people are bent on someone, then you find out that other people will be writing petitions. Personally, I feel like a dangerous thing for any democracy when the public is allowed or sometimes, when you say people say that the public has a right. Yes, the question, of course, is that the public right sometimes is also suspicious, in the sense that not everybody understands the judicial system or the way it works,” he added.
President Mahama cited Article 146(6) of the Constitution, which mandates the establishment of a committee to probe allegations against a superior court judge if a prima facie case is established.
According to the statement, President Mahama determined that sufficient grounds exist to warrant further inquiry.
The committee tasked with investigating the petitions comprises individuals from various sectors:
- Justice Gabriel Scott Pwamang – Justice of the Supreme Court
- Justice Samuel Kwame Adibu-Asiedu – Justice of the Supreme Court
- Daniel Yaw Domelevo – Former Auditor-General
- Major Flora Bazwaanura Dalugo – Ghana Armed Forces
- Professor James Sefah Dzisah – Associate Professor, University of Ghana
In accordance with Article 146(10) of the Constitution and upon the advice of the Council of State, President Mahama issued a warrant suspending the Chief Justice with immediate effect pending the outcome of the committee’s proceedings.
