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Mahama not plotting to remove suspended CJ Torkornoo – Asiedu Nketiah

NewsMahama not plotting to remove suspended CJ Torkornoo - Asiedu Nketiah

Johnson Asiedu Nketiah, the National Chairman of the National Democratic Congress (NDC), has said the President John Mahama-led government is not plotting to remove suspended Chief Justice Gertrude Torkornoo from office.

Speaking on Channel One TV’s Face to Face on Tuesday, August 26, Asiedu Nketia emphasised that the John Mahama-led executive is undertaking their responsibilities as far as upholding the constitution is concerned.

According to him, the executive arm of government has taken no steps to oust the suspended Chief Justice.

It will be recalled, President Mahama suspended the Chief Justice following a prima facie case being determined against her by the Council of State.

Part of the statement read, “President John Dramani Mahama has, in accordance with Article 146(6) of the Constitution and in consultation with the Council of State, determined that a prima facie case has been established in respect of three petitions against the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo.

The President has consequently established a committee in compliance with Article 146(6) of the Constitution and in consultation with the Council of State, with the following composition to inquire into the petitions which have been referred to them”.

Johnson Asiedu Nketiah, speaking on the issue, stated, “The executive has done nothing about the removal of the Chief Justice”.

“If anything at all, the executive is undertaking their responsibilities as far as upholding the constitution is concerned. So, the executive, to my mind, has not done anything by itself to try and remove the Chief Justice.”

“Judiciary is not under attack. There is a reform of state institutions,” he explained.

“So if there is a problem with the judiciary, the judiciary has to be reformed to undertake its constitutional duties.”

Moving on, the Accra High Court yesterday, July 31, threw out Chief Justice Gertrude Torkornoo’s application for judicial review.

Reports suggest the Human Rights Division of the Accra High Court described the suspended Chief Justice’s review request as an abuse of court processes, asserting that it lacks jurisdiction.

This was another legal blow after three separate injunction applications previously filed at the Supreme Court were also thrown away.

Also, Gertrude Araba Esaaba Torkornoo filed another case at the ECOWAS Community Court of Justice in Abuja, Nigeria.

She accused President John Dramani Mahama of failing to specify the claims in the petitions for her removal.

According to the details of the lawsuit, she is seeking ten reliefs from the ECOWAS Court, including $10 million in compensation for moral and reputational damages suffered by the Applicant as a result of her illegal suspension and unfair investigation.

In addition, Attorney-General and Minister of Justice, Dr Dominic Akuritinga Ayine, has replied to the UK Bar Council, Commonwealth Lawyers, who have ordered President John Dramani Mahama to immediately and without delay, reinstate the suspended Chief Justice Gertrude Torkornoo.

Dr Dominic Ayine, in a statement, emphasised that the suspended Chief Justice Gertrude Torkornoo’s suspension will remain until the inquiry committee completes and submits its report to President Mahama.

In a press release dated August 15, 2025, and signed by Dr Dominic Ayine stated, “Neither Latimer House Principles nor the constitution prohibits the suspension of a Chief Justice once a prima facie determination of misconduct or misbehaviour has been made.

The suspension will therefore remain in effect until the inquiry committee completes its work and submits its report, to which His Excellency the President will adhere”.

The Attorney General further described the UK Bar Council’s, Commonwealth Lawyers’ joint statement as a matter of serious concern and accused them of failing to study Ghana’s Constitution before making their demands.

The AG statement added, “It is, however, a matter of serious concern that the BCEW and the CLA issued the joint statement without first acquainting themselves, even in a very basic way, with the relevant constitutional provisions and the material facts of the matter”.

“The suspension of Her Ladyship, Justice Torkornoo, C.J., strictly adheres to the provisions of the 1992 Constitution of Ghana, particularly Article 146, which prescribes the procedure and the grounds for the removal of the Chief Justice and the removal of other Justices of the Superior Courts from office,” Dr Ayine explained.

Dr Dominic Ayine’s statement added, “After establishing the inquiry committee, the President, acting in accordance with further advice from the Council of State, suspended Her Ladyship, Justice Torkornoo, C.J., pending the outcome of the inquiry”.

“It is unrealistic and unbelievable that an inquiry committee with two of the suspended Chief Justice’s peers, one serving as chairperson, would deprive her of the safeguards of due process, particularly when it is public knowledge that legal counsel… has continuously and ably represented her throughout the hearings”,  he said.

The Attorney-General further declared government is committed to maintaining the independence of the judiciary, the separation of powers, and the rule of law.

“The government of Ghana remains strongly committed to maintaining the independence of the judiciary, separation of powers, and the rule of law. Any suggestion otherwise is unfounded and risks distorting a constitutional process that is being conducted fairly, transparently and in accordance with the law”, he added.

Dr Dominic Ayine’s statement comes after the UK Bar Council, Commonwealth Lawyers, has ordered President John Dramani Mahama to immediately and without delay, reinstate the suspended Chief Justice Gertrude Torkornoo to office.

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