President John Mahama and Members of the 9th Council of State of Ghana’s Fourth Republic
It has emerged that 30 out of 31 members of the Council of State voted to establish a prima facie case against Chief Justice, Gertrude Araba Esaaba Torkornoo.
According to reports, former Chief Justice Sophia Akuffo, a Council of State Member, abstained from the vote.
While the reasons for Akuffo’s decision remain undisclosed, the Council’s majority resolution informed President John Dramani Mahama’s decision to suspend Chief Justice Torkornoo.
On Tuesday, April 29, 2025, the Ghana Bar Association announced a resolution passed at its midyear conference, demanding the reversal of Torkornoo’s suspension, describing it as unconstitutional.
“The Ghana Bar Association calls for the immediate revocation of the Chief Justice’s suspension, as it considers the suspension unconstitutional. The President, who is not a judge or judicial officer, exercised his discretion to suspend the Chief Justice under Article 146(10) of the 1992 Constitution without a published Constitutional Instrument, Statutory Instrument, or Regulation governing the exercise of his discretion, as required by Article 296,” the resolution reads.
The association also demanded that President Mahama immediately release details of the prima facie case determination by the president and the Council of State.
“In addition, the Ghana Bar Association calls upon the President to immediately release the full decision establishing a prima facie case against the Chief Justice, consistent with established precedent. This disclosure is necessary to ensure the process adheres to principles of transparency and fairness,” it stated.
Despite allegations that the investigation against the Chief Justice is politically-motivated, some government officials, including Sammy Gyamfi, Acting Managing Director of GOLDBOD, cum National Communications Officer of the National Democratic Congress (NDC), have maintained that the investigation process has been fair and non-political.
“The President forwarded these petitions to the Council of State in accordance with the law and also to the Chief Justice. Out of the 31 members, 30 voted for an investigation into the petition. These are eminent personalities—not partisan or politically exposed people,” he said.
Chief Justice Gertrude Torkornoo was suspended on April 22, 2025, by President Mahama following a prima facie case based on three petitions alleging misconduct and incompetence.
Two additional petitions have been filed, accusing her of constitutional breaches, misappropriation of funds, and abuse of power.
President Mahama, after suspending the Chief Justice, established a five-member committee to investigate the petitions.
GA/AE
