Suspended Chief Justice Torkornoo
The suspended Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo, has described the allegations contained in the petition presented to her by President Mahama as “unfounded” and “untrue.”
According to her, the ongoing trial violates CI 47 and sets a dangerous precedent for judges in the country.
Addressing a press conference amid the ongoing trial on June 25, 2025, she said, “The clear danger is that in light of flagrant violation of CI 47, the very rules the Committee claims to be using, and the darkness of the current proceedings being held in camera, my lawyers and I can come to the end of proceedings; the evidence will show that every allegation in the Petitions that were given to me by the President on 27th March 2025 is unfounded and untrue.”
She also argued that the petitions seeking her removal violate the law.
“I have decided to make this statement today because the violations have not stopped, but have escalated beyond anything I could have imagined as possible in justice delivery,” she added.
According to her, the violations include:
i. The Committee’s refusal, in breach of the rules of natural justice, to recognise her counsel on the first day of proceedings simply because she was not personally present, and proceeding to fix hearing dates and make arrangements without involving her counsel, even though he was physically present.
ii. The Committee’s failure to indicate the specific allegations in respect of which a prima facie case had been established, as well as the reasons for the same, thereby preventing her from determining her legal rights or adequately preparing a defence.
iii. The Committee’s decision to permit two of the petitioners, Mr. Daniel Ofori and Shining Stars, not to testify, denying her the opportunity to cross-examine them.
iv. A denial of the opportunity to be in the hearing room with her husband or a close family member.
v. A thorough search on her person and handbags, in violation of protocols and courtesies traditionally extended to the Chief Justice, both domestically and internationally.
vi. The conduct of the hearings in a cordoned, high-security zone on Castle Drive, Osu, instead of a judicial facility, as had been the practice for Article 146 proceedings since 1993. According to her,
“It is clear that the choice of venue, against the background of the secrecy of proceedings, was intended to intimidate me and to prevent any citizen of Ghana from knowing how the proceedings are being conducted.”
Her address also comes on the back of the Supreme Court’s dismissal of her supplementary affidavit.
In a unanimous decision on May 28, 2025, the court ruled that the supplementary affidavit disclosed information that, under Article 146 of the Constitution, must be kept in camera. Accordingly, the court struck out the affidavit.
In her supplementary affidavit, filed on May 26, 2025, Justice Torkornoo alleged that her fundamental rights were being violated.
She claimed that the committee ignored her pending court case and continued to schedule hearings.
She also stated that she was subjected to distressing conditions during her appearance before the committee, including being searched, having her electronic devices confiscated, and being denied entry alongside her spouse and children.
“Other developments, like the denial of access into the hearing room for my husband and children, searches on my body, denial of access to telephones and laptops for myself and my lawyers (even though counsel for petitioners have access to their phones and laptops), and the conduct of the hearing itself in a high-security zone at the premises of the Castle, Osu, show a deliberate effort to subject me to mental torture and degrading treatment in violation of my fundamental rights,” she stated.
SSD/MA
