ACCRA, GHANA — Opposition Members of Parliament (MPs) in Ghana have strongly condemned the suspension of Chief Justice Gertrude Torkornoo, accusing President John Mahama of attempting to “pack the courts” with justices aligned with the governing National Democratic Congress (NDC).
Ms. Torkornoo was removed from her position on Wednesday, marking the first instance in the nation’s history that a Chief Justice has been suspended. The unprecedented action followed the filing of three petitions containing allegations against her.
While the specific content of these petitions remains undisclosed, and Ms. Torkornoo has yet to publicly address the matter, supporters of President Mahama have lauded the suspension as a long-overdue measure to reform the judiciary.
However, the opposition MPs issued a statement condemning the move as “nothing short of a brazen judicial coup, a reckless abuse of executive power, and a direct assault on the independence of Ghana’s judiciary.”
On Tuesday, a statement from the presidency indicated that the Chief Justice was asked to step aside to facilitate an investigation into the allegations leveled against her. Since the initial suspension announcement, two additional petitions have been filed against Ms. Torkornoo.
Former Attorney General Godfred Yeboah Dame, speaking to the BBC, described the suspension as a “complete charade… the biggest assault on the [judiciary] in the nation’s history.”
Prior to her suspension, lawyers had filed at least two lawsuits challenging the legality of the procedure employed by the president. By law, President Mahama was initially required to provide copies of the petitions to the Chief Justice before suspending her, a step he initially failed to take but later rectified.
The caucus of opposition MPs argues that by suspending the Chief Justice before the Supreme Court had ruled on these legal challenges, President Mahama had “violated” due process.
Despite the opposition’s vehement criticism, some Ghanaians have voiced support for the president’s action. Dr. Tony Aidoo, Ghana’s former ambassador to the Netherlands, told radio station Joy News: “I think the president is protecting the judiciary in Ghana from the actions of a person who does not behave in a manner that should keep her there… if there’s a stench in the room you have to let in fresh air.”
Some critics have accused the Supreme Court under Ms. Torkornoo’s leadership of consistently siding with former President Nana Akufo-Addo and his party in several high-profile political cases. For example, last year, the justices ruled that the speaker’s decision to declare four MP’s seats vacant was unconstitutional.
Ghana has had 15 chief justices, whose role involves overseeing the administration of justice within the country. All previous chief justices concluded their terms through retirement, with none having faced suspension or permanent removal. The grounds for removing a chief justice from office are limited to reasons such as incompetence or misbehavior.
Ms. Torkornoo is Ghana’s third female chief justice, having been nominated to the position in 2023 by former President Akufo-Addo. According to Reuters news agency, she survived a previous removal request earlier this year when Akufo-Addo cited “several deficiencies” in a petition seeking her dismissal.
A five-member committee has now been established to investigate the current allegations against Ms. Torkornoo.
