Accra: Madam Diana Asonaba Dapaah, a former Deputy Attorney-General and Minister of Justice, has expressed her opinion that there is no basis for establishing a prima facie case against Chief Justice Gertrude Araba Sackey Torkornoo, following the submission of petitions for her removal.
According to Ghana News Agency, Article 146 of the 1992 Constitution provides the framework for addressing alleged misconduct by the Chief Justice or other justices. However, Madam Dapaah emphasized that a thorough examination of the petitions has revealed no grounds for establishing a prima facie case. Speaking during a televised discussion in Accra, Madam Dapaah explained the necessity for substantial evidence to support allegations in meeting the standards of a prima facie case.
President John Dramani Mahama suspended Chief Justice Torkornoo on Tuesday, April 22, after a prima facie case was established in relation to three separate petitions. The suspension decision was made under Article 146(6) of the 1992 Constitution, in consultation with the Council of State. A five-member committee has been formed to investigate the allegations.
Madam Dapaah criticized the petitions, particularly those from the Xavier Group, for containing assertions without evidence and misinterpreting constitutional procedures. She highlighted that the Chief Justice’s recommendation regarding the expansion of the Supreme Court was non-binding and constitutionally permissible. Furthermore, she argued that allegations regarding Chief Justice Torkornoo’s participation in panel decisions could not constitute grounds for misconduct, as Supreme Court decisions are collective and independent.
Madam Dapaah warned against the dangers of lowering the constitutional threshold for removing a sitting Chief Justice based on unsubstantiated claims, cautioning that such practices could weaken judicial independence and democratic governance. She urged Ghanaians to consider the matter without politicizing it, emphasizing the importance of protecting the judiciary’s integrity.
Mr. Inusah Fuseini, former Ranking Member on the Constitutional, Legal, and Parliamentary Affairs Committee of Parliament, underscored the need to respect the process established under Article 146 to ensure judicial accountability. He emphasized the institutional limitations placed on presidential powers in such matters, requiring consultation with the Council of State.
Professor Baffour Agyeman-Duah, former United Nations Senior Governance Advisor, highlighted the importance of protecting the principle of separation of powers and the judiciary’s independence. He cautioned against setting bad precedents that could undermine democratic governance.
Mr. Oliver Barker-Vormawor, Constitutional Rights and Policy Strategy Advisor at Democracy Hub, stressed the importance of not dismissing petitions outright, noting that proven judicial incompetence could constitute valid grounds for removal under Article 146. He called for a fair and objective filtering process to ensure transparency and integrity.
Meanwhile, the New Patriotic Party (NPP) condemned the suspension as ‘absurd and unconstitutional,’ viewing it as an attack on the Judiciary. The NPP, along with four other parties, announced plans for a nationwide demonstration on Monday, May 5, 2025, to protest the suspension, asserting their defense of the country’s Constitutional order and the Judiciary’s independence.