In a dramatic turn in Ghana’s constitutional and judicial history, Chief Justice Gertrude Araba Sackey Torkornoo has come out swinging against what she describes as an orchestrated attempt to unlawfully remove her from office, vowing not to resign but to resist “blatant constitutional violations” threatening the independence of the judiciary.
Addressing a packed press conference at Banana Inn, Accra, on Wednesday, June 25, the embattled Chief Justice delivered a strongly worded statement detailing what she called a “historic and illegal” attempt to oust her from office under a process she said is riddled with procedural and constitutional irregularities.
A First in Ghana’s Republican History
“This is the first time in Ghana’s 68 years as an independent republic that a Chief Justice is undergoing a removal hearing,” Torkornoo reminded the nation, cautioning that such a precedent, if marred by illegality, could weaken the entire judicial architecture.
“Every step being undertaken in this process breaks fundamental rules governing justice delivery in this country,” she declared.
Justice Torkornoo’s statement highlighted how her ordeal goes far beyond her individual position and threatens the future independence of all judges and heads of constitutional bodies including CHRAJ, the Electoral Commission, the Auditor-General, and the National Commission on Civic Education.
Mounting Constitutional Violations
She laid out a detailed and scathing critique of the Article 146 process initiated against her, accusing the committee overseeing the proceedings of ignoring every tenet of natural justice. Among her concerns:
The refusal of the committee to recognize her legal counsel because she wasn’t personally present at an initial hearing.
Denial of access to formal charges and petitions submitted to the committee by petitioners.
The committee allowed two key petitioners — Daniel Ofori and the group “Shining Stars” — to avoid testifying under oath, depriving her of the right to cross-examination.
An invasive personal search was conducted on her at the hearing venue, which she described as a gross breach of both decorum and dignity in her office.
A decision to hold the hearings in-camera at Adu Lodge, a venue she says evokes traumatic memories tied to the murder of judges in 1981, including her own uncle, Major Sam Acquah.
Torkornoo noted that all previous Article 146 hearings since 1993 have been held in official judicial premises, raising questions about the motivation behind this deviation.
Supreme Court Denial and Continued Secrecy
The Chief Justice revealed she filed a motion at the Supreme Court requesting public hearings to ensure transparency, but the court not only denied her request but also struck out her supplementary affidavit outlining human rights abuses she has suffered. “The violations have not stopped,” she said. “They have escalated beyond anything I imagined could happen under justice delivery.”
Torkornoo also lamented the committee’s continued refusal to serve her copies of the formal documents – petitions, charges, and prima facie decisions – that they are relying on, despite legal requirements of full disclosure.
Dangerous Departure from Legal Norms
Another disturbing element, according to the Chief Justice, is the committee’s refusal to operate under Commission of Inquiry regulations (CI 65), opting instead to use High Court Civil Procedure Rules (CI 47), thereby treating the inquiry as adversarial litigation rather than a fact-finding probe.
This approach has allowed petitioners to summon public officials as witnesses without laying a legal foundation or testifying themselves.
“My lawyers are left to cross-examine witnesses on documents tied to allegations we are not even officially aware of,” she explained.
“This is like Nebuchadnezzar asking his magicians not only to interpret his dream but to first guess it.”
Fears of Prejudiced Outcomes and Political Intimidation
The Chief Justice fears the committee, operating under secrecy and without any oversight or shared legal standards, could recommend her removal based on hidden claims she has not been shown or allowed to challenge.
“This is totally unknown to the rule of law in Ghana,” she said.
Torkornoo also questioned the motive behind the location of the hearing — Adu Lodge — which she described as a symbol of judicial terror dating back to the 1981 abduction and murder of judges.
She recounted that she was living with Major Acquah, one of the slain judges and retiredArmy officer, at the time of his abduction and that the location’s history triggers deep emotional scars. “Was Adu Lodge chosen to intimidate me? I believe so,” she stated.
A Call to National Consciousness
In closing, Chief Justice Gertrude Torkornoo made clear she has no intention of stepping down quietly.
“This is not just about me. It is about the soul of Ghana’s democracy and the survival of independent institutions,” she said, urging Ghanaians to recognize the broader implications of what she termed a constitutional crisis.