Anger over suspension of Ghana's Chief Justice

Ghana's Deputy Attorney-General, Justice Srem-Saihas, has called for calm after anger erupted over the suspension of the country's Chief Justice, Gertrude Torkornoo, with high-profile members of the legal fraternity and opposition MPs describing the move as the 'biggest assault on the judiciary' and an attempt to 'pack the courts' with judges who favour the governing party, notes Legalbrief. Srem-Saihas urged restraint following Torkornoo's suspension by President John Mahama, calling on Ghanaians not to politicise what he described as a ‘technical and legal issue.’ My Joy Online reports that Srem-Sai emphasised that the suspension appears to be a constitutional step aimed at allowing the Chief Justice the space to adequately prepare to defend herself against allegations made in a formal petition. ‘I think what is happening is a very technical issue which is specifically prescribed and dictated by the Constitution,’ he said. ‘It shouldn’t be politicised at all.’ His comments follow heated public discourse after the President announced the suspension of the Chief Justice pending the outcome of an investigative process triggered by a petition. The Deputy Attorney-General referenced a poll by Global Info Analytics indicating that a majority of Ghanaians support the removal of the Chief Justice. However, he cautioned against jumping to conclusions.

‘At this stage, we are not even sure whether the allegations are proven,’ Srem-Sai noted. ‘Finding that a case exists to be answered does not mean that the Chief Justice is guilty. It only means that the allegations are not frivolous.’ According to My Joy Online, he also criticised what he described as contradictory and premature commentary from some political actors, noting that such statements risk undermining the integrity of the constitutional process. ‘If you have not seen the petition and its content, it would be very unfair to describe persons involved in the process in such terms,’ he said. ‘I wouldn’t be in support of that kind of attention at this time.’ Srem-Sai reiterated that the constitutional process has so far been followed appropriately and called on Ghanaians to remain patient as the matter proceeds through the formal investigative stages. ‘There will be a time when the committee makes its findings that the Chief Justice is exonerated or the Chief Justice is guilty… that will be the time for us to pass judgment,’ he said. ‘Until then, we should be watchful of the steps ahead. If at any point we see that the process has violated the Constitution, we will be the first to say so. But for now, the processes have been complied with,’ he added.

Full My Joy Online report

Ghana's former Attorney-General has claimed the Chief Justice's suspension was an attempt to undermine the judiciary. ‘I think it is a complete charade,’ said Godfred Yeboah Dame. ‘It's the biggest assault on the (judiciary) in the nation's history, the greatest assault on the independence of the judiciary under the constitutional dispensation of this country.’ Three undisclosed petitions have been filed making allegations against Torkornoo, calling for her permanent removal. According to BBC News, Chief Justices in Ghana enjoy security of tenure and can only be removed from office on a few grounds, which include incompetence and misbehaviour. The content of the petitions has not been made public and she is yet to comment. Torkornoo is Ghana's third female Chief Justice and was nominated in 2023 by former President Nana Akufo-Addo. According to Reuters, Torkornoo survived a removal request earlier this year when Akufo-Addo said a petition to have her dismissed had ‘several deficiencies’. Copies of the three recently-filed petitions against Torkornoo were not initially made available to her. But some lawyers argued that withholding the documents was a violation of Torkornoo's right to a fair hearing. Copies of the petition were subsequently made available to the Chief Justice, allowing her to respond. Torkornoo will be invited by the five-member committee to respond again to the petitions before a final decision is reached as to whether she should be removed from office or not.

Full BBC News report

Opposition MPs in Ghana have also fiercely condemned the suspension, accusing President John Mahama of trying to ‘pack the courts’ with justices who are sympathetic to the governing party, the NDC. Torkornoo was removed from her post last Wednesday – the first time a Chief Justice has been suspended in the country's history. Mahama's supporters have backed the move as a long overdue move to clean up the judiciary, reports BBC News. But it was condemned by the opposition as ‘nothing short of a brazen judicial coup, a reckless abuse of executive power, and a direct assault on the independence of Ghana's judiciary’. Since the suspension was announced, two more petitions have been filed against Torkornoo. Before Torkornoo was suspended, lawyers filed at least two lawsuits challenging the legality of the procedure being used by the President. By law the President should have given copies of the petition to the Chief Justice before suspending her, which he initially failed to do. However, he did later make them available to her.

The caucus of opposition MPs says that by suspending the Chief Justice before the Supreme Court had ruled on these lawsuits, Mahama had ‘violated’ due process. But some Ghanaians support the President's move. Dr Tony Aidoo, Ghana's former ambassador to the Netherlands, told radio station Joy News: ‘I think the President is protecting the judiciary in Ghana from the actions of a person who does not behave in a manner that should keep her there... if there's a stench in the room you have to let in fresh air.’ Some accuse the Supreme Court under Torkornoo of siding with Akufo-Addo and his party on several high-profile political cases, according to BBC News. For example, last year, the justices ruled that the speaker's decision to declare four MPs' seats vacant was unconstitutional. Ghana has had 15 Chief Justices, whose job involves overseeing the administration of justice in the country. Those that came before Torkornoo ended their term by retiring –  none have been suspended or permanently removed. Torkornoo is Ghana's third female Chief Justice and was nominated in 2023 by Akufo-Addo.

Full BBC News report