Law lecturer at the University of Ghana, Prof. Kwadwo Appiagyei-Atua, has clarified that former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo remains entitled to return to the Supreme Court despite her removal from office by President John Dramani Mahama.
On Monday, September 1, 2025, President Mahama dismissed Justice Torkornoo under Article 146(9) of the 1992 Constitution. A statement from the Presidency said the move followed recommendations from a committee set up under Article 146(6) to probe a petition by citizen Daniel Ofori. Her removal took immediate effect.
Speaking on Eyewitness News, Prof. Appiagyei-Atua noted that Justice Torkornoo has the constitutional right to resume her seat at the Supreme Court if she chooses, unless the President formally retires her with a compensation package.
“It is in her right if she wants to go back and sit as a justice of the Supreme Court. I think she can do that,” he stressed.
Justice Torkornoo’s removal followed her earlier suspension on April 22, 2025, after a prima facie case of alleged misconduct and incompetence was established.
A five-member panel chaired by Justice Gabriel Scott Pwamang, with members including Justice Samuel Adibu-Asiedu, former Auditor-General Daniel Yaw Domelevo, Major Flora Bazaanura Dalugo, and Professor James Sefah-Dzisah, conducted the inquiry. Justice Paul Baffoe-Bonnie acted as Chief Justice during the process.
The decision has been met with sharp political and legal criticism. The Ghana Bar Association condemned the suspension and removal as unconstitutional, arguing that President Mahama acted without the necessary Constitutional Instrument required under Article 296. The Centre for Democratic Movement also accused the inquiry of bias, saying its composition lacked transparency and undermined judicial independence.
Justice Torkornoo herself rejected the process as “arbitrary” and “cruel,” insisting she would not resign and thereby forfeit her right to defend herself. The opposition New Patriotic Party (NPP) has also condemned the president’s actions, warning that they endanger Ghana’s democratic stability and judicial autonomy.
