Justice Torkornoo's Fate Hangs in Balance as Committee Submits Report
Accra,Ghana,September 1,2025 - A significant development has unfolded in the petition seeking the removal of Chief Justice Gertrude Torkornoo, as the Chairman of the Article 146 Committee of Inquiry has formally presented its first report to President John Mahama. The committee, established by President Mahama, was tasked with investigating petitions filed against the Chief Justice, alleging misconduct and abuse of power.
The petitions, submitted to the Council of State in February and March 2025, prompted the Council to advise President Mahama to set up a committee to investigate the claims. Following the determination of a prima facie case against the Chief Justice, President Mahama suspended her with immediate effect, pending the outcome of the committee's proceedings.
Justice Paul Baffoe-Bonnie, the most senior member of the Supreme Court, has taken over as Acting Chief Justice.
The committee, chaired by Justice Gabriel Scott Pwamang, a Justice of the Supreme Court, is mandated to conduct a thorough investigation into the allegations against the Chief Justice. The committee's report will inform further actions, and if adverse findings are made, the President would be compelled to remove the Chief Justice from office, as per Article 146(10) of the 1992 Constitution.
The report's submission marks a crucial step in the process, and President Mahama will determine the next course of action based on the committee's findings. According to the Constitution, the report of a commission of inquiry is deemed to be a judgment of the High Court, and an appeal shall lie as of right from the finding of the commission to the Court of Appeal.
The committee's report will likely have significant implications for the judiciary and the country's constitutional framework. If the committee's findings are adverse to the Chief Justice, she may appeal to the Court of Appeal, as provided for in the Constitution. The outcome of the investigation will determine whether the Chief Justice will be removed from office or cleared of the allegations.
Key Provisions of the 1992
Constitution- Article 146(10): Allows for the suspension of a Justice of the Superior Court or Chairman of a Regional Tribunal while an investigation is ongoing.
- Article 278: Mandates the President to publish a White Paper within six months of receiving the report of a commission of inquiry.
- Article 280: Provides for the right of appeal to the Court of Appeal from the findings of a commission of inquiry.
Source – Lead News Online/Jeff Ago
