Chief Justice Gertrude Araba Esaaba Torkonoo is facing mounting pressure from three separate petitioners calling for her suspension and removal from office. The calls for her removal directed at President John Mahama come amid a series of allegations ranging from constitutional breaches and abuse of office to financial misconduct.
The Chief Justice has since submitted her preliminary response to the petitions, currently under review by the Council of State.
Petition 1: Breach of Constitution and Judicial Overreach
The first petition comes from a civil group known as Shining Stars of Ghana. The substance of their case revolves around the Chief Justice’s recommendation of some five judges to the Supreme Court in May 2024. They deem the action as wrong and argue that it violates Article 144(2) of the 1992 Constitution, which outlines the process for such appointments.
According to the petitioners, Chief Justice Torkonoo acted improperly by writing directly to then-president Nana Akufo-Addo in her capacity, bypassing the prescribed consultative processes. They argue that this behaviour amounts to “stated misbehaviour” and constitutes a constitutional ground for her removal.
The group also raised concerns over a Supreme Court ruling she presided over on 15 October 2024 involving the Speaker of Parliament, Alban Bagbin. The decision, delivered ex parte, declared vacant the seats of MPs running as independents. The petitioners claim the ruling ignored the basic principle of natural justice, audi alteram partem, meaning, “Hear the other side.”
Signed by Kingsley Agyei, Chairman and Convenor of the group, the petition describes these actions as clear evidence of incompetence and abuse of power.
Petition 2: Alleged abuse of office and tampering with evidence
The second petition is from Assistant Commissioner of Police Ayamba Yakubu Akolgo, a lawyer and chartered accountant. ACP Ayamga claims he suffered intimidation and humiliation at the hands of the Chief Justice during a Supreme Court hearing in November 2023.
He alleges that Justice Torkonoo ordered his arrest and brief detention after accusing him of being rude in court. He contends that the action of the Chief Justice is an abuse of judicial authority and an attempt to publicly embarrass him.
Furthermore, the petitioner alleges that the official court record made no mention of his arrest or the alleged comments, leading him to believe the records were tampered with.
He is invoking Article 146 of the Constitution, arguing that the actions of the Chief Justice met the threshold of misbehaviour and warrant her suspension while investigations are carried out.
Petition 3: Financial misconduct and political interference
The third petition, filed by Ghanaian citizen Daniel Ofori, contains a list of 21 instances of alleged misbehaviour and four instances of incompetence leveled against the Chief Justice.
He alleges that the Chief Justice used public funds of an amount of GHS 261,890.00 for a private foreign trip in 2023 with her husband and daughter. He further alleges she received US$30,000 as per diem on the same trip.
Mr. Ofori also accuses her of spending additional amount of GHS 75,580 and USD 14,000, being state funds on another trip to Arusha, Tanzania, again with her husband, without accounting properly for the expenditure.
Furthermore, Mr Ofori claims that Justice Torkonoo interfered in the high-profile trial of MP James Gyakye Quayson by allegedly instructing national security to seize court computers and initiating internal investigations that led to the transfer of judicial staff.
He further accuses her of politicising the judiciary through questionable appointments by assigning sitting judges to administrative roles that, in his view, impair their ability to deliver justice.
