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Efua Ghartey, the President of the Ghana Bar Association (GBA), has said the removal of Justice Gertrude Torkornoo as the Chief Justice of Ghana was unfair.
According to Efua Ghartey, the process followed for the removal of Justice Torkornoo, though lawful per the requirements spelt under Article 146 of the 1992 Constitution, was unfair.
She highlighted that the process was unfair as it had no rules of procedure and was sketchy.
Efua Ghartey added that the GBA’s opposition to the removal process was because it lacked clarity on the procedure to follow.
However, Dr Dominic Ayine, the Attorney General and Minister for Justice, has told the members of the Ghana Bar Association (GBA) to defend the rule of law and not align themselves with politics.
The Attorney General noted that the Ghana Bar Association (GBA) has been selective in speaking out on certain matters but silent on other matters.
Speaking at the Ghana Bar Association’s Annual Conference in Wa on Monday, September 15, in reference to the removal of the former Chief Justice Gertrude Torkornoo, Dr Ayine stated, “In 2015, an Article 146 petition was received by the Chief Justice in relation to the removal of CHRAJ boss, Madam Lauretta Lamptey. The bar failed to speak out in the process. In the run-up to the 2016 elections, the then-opposition NPP engaged the EC in court battles over the voter identification system. This gave rise to the Abu Ramadan line of cases.
“Immediately upon assuming office in 2017, an Article 146 petition was filed for the removal of the EC chairperson, Charlotte Osei, and her deputies from office. The Bar saw no basis to speak up about the compliance with due process”.
He added, “But in recent times, the bar found its voice when a petition based on the same constitutionally defined procedures was brought in respect of the removal of the office of the former chief justice, Gertrude Torkornoo. The honest question we have to ask ourselves is what changed?
“The three petitions mentioned touch on three constitutional bodies critical to the sustenance of our democracy. Their independence has been guaranteed by the Constitution. The three occupants were all women of significant repute and members of our noble profession,” he said.
According to the Attorney General, all three committees established under Article 146 of the Constitution followed due process, but the GBA only found its voice in relation to the third petition.
Dr Ayine argued, “The three committees established pursuant to Article 146 complied with the constitutional procedure to the letter, and yet the Bar found its voice only in relation to the third petition. Consciously, the voice of the Bar amplified the voice of the opposition”.
“The lawyer in politics must be a voice of reason, moderation, and constitutionalism. The Bar must speak up, not to please government or opposition parties, but to defend the rule of law, the independence of the judiciary, and the rights of the citizens,” he stated.
It will be recalled that on September 1, 2025, President John Mahama sacked the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, from office with immediate effect after he received a first report from the five-member committee he constituted to investigate three petitions brought against the Chief Justice.
Hours after President Mahama received the committee reports, Chief Justice Torkornoo was sacked with immediate effect.
A statement from the presidency stated, “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 Torkornoo, 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,” the statement concluded.
A leaked document on social media concluded that Justice Torkornoo had engaged in conduct amounting to “stated misbehaviour” under Article 146(1).
The Key finding read, “Unlawful expenditure of public funds: The committee held that the Chief Justice caused the Judicial Service to pay travel expenses for her husband and daughter during private holiday trips in 2023, including per diem allowances. This, the report stated, was an “avoidable and reckless dissipation of public funds.”
Abuse of discretionary power: The committee found that her handling of the transfer of one Mr. Baiden breached Article 296(a) and (b) of the Constitution, describing the act as misbehaviour.
Interference in judicial appointments: The report also noted that she sought to bypass the established process for nominating Justices of the Supreme Court, contrary to precedent set in the Ghana Bar Association case. The committee concluded this amounted to misbehaviour”.
The committee subsequently recommended her removal in accordance with Article 146(7). President Mahama, bound by Article 146(9), which makes the President’s action mandatory once such a recommendation is made, formally removed Justice Torkornoo by Warrant of Removal under the Presidential Seal.