Kofi Bentil, a private legal practitioner, has claimed President John Dramani Mahama cannot appoint a new Chief Justice, following the removal of former Chief Justice Gertrude Torkornoo.
Lawyer Bentil noted that there are still about four suits challenging the removal of Justice Torkornoo, which must be decided before Mahama can appoint a new Chief Justice.
According to Kofi Bentil, President Mahama cannot break the law in trying to fulfil the law.
Speaking on TV3 New Day, on September 18, 2025, Kofi Bentil argued, “I have heard people saying that there should be a new appointment of a CJ (Chief Justice) … It is wrong. When you have legal processes ongoing, the parties must all be heard. You can’t break the law in trying to fulfil the law.
The proper thing for us to do is for all citizens to insist that the president does what is respectful and subject to the law, to the effect that the processes must be exhausted”.
He added, “It is important to know that she is attacking the procedure. I keep saying that you may think that, why is she doing this … it is good for us, whether she wins or she loses. It is good for us to exhaust the process.
“And please, let us all learn this fact: if you are in public office and you are wrongly removed, you have a right to be reinstated. These are all principles. When we state these principles, we don’t state them because of a particular personality”, he said.
On September 1, 2025, it will be recalled that 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.
Meanwhile, former Chief Justice Gertrude Torkonoo is challenging her removal as Justice of the Supreme Court at the High Court.
Gertrude Torkonoo argue that the petitions against her were for her removal as Chief Justice, and the process for removing Justices of the Supreme Court is different.
The former Chief Justice filed an application for judicial review at the High Court, challenging the legality of her removal by President John Dramani Mahama.
Justice Torkornoo is seeking multiple declarations that the President acted outside the powers conferred by the 1992 Constitution.
Justice Torkornoo is seeking the following from the High Court:
“Declare that the President has no authority to remove a Justice of the Superior Court without adhering to the constitutionally required process.
Declare that jurisdiction to hear any removal petition against a Justice of the Superior Court lies solely with a body established under Article 146(4).
Declare that the President’s warrant of removal is “unlawful, null, void, and of no effect.”
The suit is titled The Republic v. Attorney-General, Ex Parte Justice Gertrude Araba Esaaba Torkornoo.
Watch the video below:
"It is wrong to suggest that President Mahama should appoint a new Chief Justice if the processes have not been exhausted." – Lawyer Kofi Bentil#TV3GH #TV3NewDay pic.twitter.com/Fv9AsblpGf
— #TV3GH (@tv3_ghana) September 18, 2025