President John Dramani Mahama’s unprecedented suspension of Ghana’s Chief Justice, Justice Gertrude Araba Esaaba Sackey Torkornoo, has triggered a political and legal firestorm.
Members of Parliament (MPs) from the opposition New Patriotic Party (NPP), legal analysts, and civil society leaders, are raising the alarm over what some describe as a politically motivated attack on the judiciary.
In a statement issued yesterday, President Mahama, announced the immediate suspension of the Chief Justice, following advice from the Council of State, and the establishment of a five-member committee to investigate three separate petitions alleging misconduct and incompetence.
The committee, chaired by Supreme Court Justice Gabriel Pwamang, includes another Supreme Court judge, Justice Samuel Kwame Adibu-Asiedu, former Auditor-General Daniel Yaw Domelevo, military officer Major Flora Bazwaanura Dalugo, and academic Professor James Sefah Dzisah.
Interestingly, it was the same Mahama, who suspended Lauretta Vivian Lamptey, former Commissioner of the Commission on Human Rights and Administrative Justice (CHRAJ), in 2015, following allegations of financial misconduct.
In January 2015, President Mahama, suspended Ms Lamptey, based on advice from the Judicial Council, following a petition filed by Frank Annoh-Dompreh, the NPP MP for Nsawam and then Chief Whip.
This followed a prima facie case established by the Chief Justice, which led to the formation of a five-member committee to investigate the complaints against her. The suspension aimed to preserve the integrity of the inquiry and the institution.
However, Old Tafo MP, Ekow Vincent Assafuah, who has petitioned the Supreme Court to injunct the President over the petitions filed against the Chief Justice, is leading the opposition charge. He described the committee as partisan and reflective of the President’s intentions.
For years, the opposition has viewed the judiciary as part of its political stronghold, rallying behind it to deflect criticism of its work and that of certain judges, some of whom are known card-bearing NPP members. President Mahama’s decision has ruffled feathers within the party, with several prominent members publicly denouncing the Chief Justice’s suspension.
Allegations surrounding financial misconduct involving the misuse of public funds, a controversial Supreme Court ruling related to Ecobank Ghana Limited, and questionable administrative decisions prompted President Mahama, acting on a prima facie determination, to suspend Justice Torkornoo pending investigations.
“Let’s not feign ignorance. This is a calculated orchestration. Of the five-member committee appointed to investigate the Chief Justice, three carry visible partisan footprints,” Mr Assafuah declared, naming Domelevo, Pwamang and Dzisah as individuals with alleged political affiliations.
He warned of the dangerous precedent being set: “If one government can suspend a Chief Justice and install a politically sympathetic panel to oversee her fate, what will stop future governments from doing worse? What precedent are we setting for our children?”
Mr Assafuah, further argued that the move is not about accountability, but vengeance.
“We welcome accountability. But when accountability becomes selective, targeted, and politically motivated, it ceases to be justice. It becomes revenge,” he stated.
Akuapem North MP, Sammi Awuku, echoed this criticism, warning that the decision threatens judicial independence.
“Constitutional democracy must be protected. We are witnessing troubling attempts that may intimidate the judiciary and influence its independence,” he posted on social media. “This moment marks a concerning chapter in Ghana’s democratic journey.”
At an emergency press conference last week, Minority MPs, condemned the suspension as part of a broader strategy by the ruling National Democratic Congress (NDC) to install a sympathetic figure at the helm of the judiciary.
Suame MP, John Darko, alleged: “Justice Torkornoo’s destruction should not be the grounds for your rise to the office of Chief Justice.”
Describing the development as a “dangerous precedent,” he declared: “This is a clear abuse of process. The act that resulted in the suspension of the Chief Justice was orchestrated by politics—nothing more.”
The Minority, warned that the petitions against Justice Torkornoo, lack constitutional merit and called for intervention from traditional and religious leaders. “The time to pray for our country is now. We should not wait until it’s too late,” their legal counsel urged.
Government spokesperson, Felix Kwakye Ofosu, insisted the President acted within constitutional limits, citing Articles 146(6) and (10), and noted the Council of State’s involvement.
Supporting this, law lecturer Prof Kwadwo Appiagyei-Atua, said the President’s actions were constitutional. “What he [President Mahama] has done is not against the Constitution. He has not violated any law of the land,” he stated on JoyNews.
Nevertheless, legal practitioners such as private lawyer, Martin Kpebu, have raised concerns about the process.
“A resignation would be better… dragging this matter on in the public domain… the whole system would suffer too much,” he warned.
Dr Kojo Pumpuni Asante of CDD-Ghana, also voiced deep concern about the systemic politicisation of independent institutions.
“Since 2012, following the election petition, the entire architecture for removing heads of independent governance institutions, has come under attack,” he said.
He cited the removals of former EC Chair, Charlotte Osei and Auditor-General Domelevo, as worrying precedents and called for urgent reforms to halt the “tit-for-tat behaviours” that undermine governance credibility.
The NPP’s Director of Communications, Richard Ahiagbah, described the suspension as a political manoeuvre aimed at ultimately removing Electoral Commission Chairperson Jean Mensa.
“The politics of it is that they want to remove the Chief Justice to pave the way to target the Electoral Commission,” he alleged. “That is very egregious and most unfortunate.”
He questioned why existing petitions against the EC Chair, had not been referred to the Chief Justice, implying that Justice Torkornoo’s resistance made her a target.
Meanwhile, legal provisions indicate that the most senior Supreme Court Justice will act as interim Chief Justice. According to Martin Kpebu, that role falls to Justice Paul Baffoe-Bonnie.
“There’s a specific provision in the Constitution… it means that Justice Paul Baffoe-Bonnie is the acting Chief Justice. There can be no two ways about that,” Kpebu said.
The Supreme Court is set to hear an injunction application on 6 May aimed at halting the ongoing process. Legal challenges argue that the President should not proceed while court action is pending. However, Attorney General Dr Dominic Ayine has refuted this, stating: “The law is very clear that you cannot enjoin the performance of a constitutional or public obligation.”