Two formal petitions seeking the removal of Chief Justice Gertrude Torkornoo have brought serious allegations to the fore — from constitutional breaches to misconduct in the courtroom.
While she has firmly denied all accusations, the contents of the petitions have ignited public interest and calls for judicial transparency.
1. Breach of constitutional procedure in judicial appointments
Filed by: Shining Stars of Ghana (represented by Kingsley Agyei)
The group accused the Chief Justice of overstepping her mandate by writing to then-President Akufo-Addo recommending the appointment of five Justices of the Court of Appeal to the Supreme Court — allegedly without proper consultation with the Judicial Council.
According to the petitioners, this act violated Article 144 of the 1992 Constitution and demonstrated “incompetence” in the administration of judicial procedures.
“We believe this undermines the integrity of the judiciary and calls for her removal,” the petition stated.
2. Misconduct and breach of natural Justice in a Supreme court ruling
Also filed by: Shining Stars of Ghana
The second allegation revolves around a specific case — Afenyo-Markin v. The Speaker of Parliament — in which the Chief Justice presided. Petitioners argue that she breached rules of natural justice, suggesting her role compromised fairness in the court’s ruling.
3. Disrespectful conduct and unfair treatment in court
Filed by: Lawyer Ayamga Yakubu Akolgo
A separate petition from lawyer Ayamga Yakubu claims the Chief Justice acted inappropriately during a Supreme Court hearing on November 14, 2023. He alleges that her conduct led to his abrupt removal from the courtroom, detention, and subsequent release — based on what he describes as false media reports.
“I was made to look unruly in the media, when in fact I acted within the bounds of decorum,” Yakubu wrote.
He also criticised the court records, claiming they were incomplete and did not accurately reflect events. Additionally, he argued that a search report he received contained falsehoods — allegedly with the Chief Justice’s input.
4. Allegations of false record-keeping and abuse of authority
Also by: Yakubu Akolgo
Yakubu accused the Chief Justice of indirectly contributing to the issuance of a false search report from the Supreme Court registry — an act he views as a violation of the Judicial Service’s code of conduct. He cited Section 16 of the Judicial Service Act, though he relied on an outdated version (1960 CA 10), which has since been replaced by the 2020 Act (Act 1057).
The Chief Justice responds
Chief Justice Torkornoo has strongly denied all allegations, stating that the claims are either repetitive, misleading, or constitutionally misinformed.
“None of the allegations meets the threshold for stated misbehaviour or incompetence under Article 146,” she wrote in her official response to the President.
She also emphasised that court decisions are made collectively, not individually, and that she is not responsible for registry operations or the behaviour of court staff.
What happens next?
A five-member committee formed by President Mahama is now tasked with investigating the petitions and making recommendations. The diverse panel includes Justices of the Supreme Court, a former Auditor-General, and experts from the military and academia.
As the inquiry unfolds, Ghanaians await clarity on whether these allegations point to genuine misconduct or are simply reflections of a misunderstanding judicial process.
