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Chief Justice Torkornoo Sseeks Supreme Court injunction against her removal

Kwaku Antwi Boasiako by Kwaku Antwi Boasiako
May 27, 2025
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Chief Justice Gertrude Torkornoo has made an emotional and urgent plea to the Supreme Court to halt what she describes as a “coordinated and degrading campaign” to remove her from office, warning that the independence of Ghana’s judiciary is under direct threat.

In a supplementary affidavit supporting her motion for an interlocutory injunction, Justice Torkornoo detailed a series of events she believes constitute a violation of her constitutional rights — including the right to a fair hearing, personal dignity, and protection from inhuman treatment.

“This Honourable Court is the only shield between me and an unconstitutional assault on the office I hold and the independence it symbolises,” she stated. “Only you can stop this assault on judicial independence.”

The Chief Justice is challenging the legality and fairness of an ongoing inquiry process into her conduct, established by a committee set up by the President. She alleges that the proceedings have been tainted by due process violations and a deliberate attempt to humiliate and break her spirit.

“I have been treated in a manner not meted out even to persons on trial for treason,” she said, describing the treatment as degrading and psychologically abusive.

Central to her protest is what she says is a complete lack of transparency regarding the allegations against her. Justice Torkornoo claims she has not been informed of the specific accusations or the legal reasoning used to determine that there was a prima facie case to answer.

“How can I defend myself when I don’t even know what I’m defending against?” she asked.

She also recounted a May 15 sitting of the inquiry committee where her legal team, despite being formally notified, was denied the opportunity to participate simply because she was not physically present. When she eventually appeared with her lawyers on May 22, she informed the committee of her pending case before the Supreme Court.

Although the committee adjourned briefly and requested copies of the court filings, Justice Torkornoo said it “shockingly” announced on May 23 that it would proceed regardless — even though her injunction request was before the nation’s highest court.

Adding to her concerns, the Chief Justice criticised the committee’s decision to allow petitioners to call external witnesses rather than appear in person for cross-examination.

“This is not just irregular. It is offensive to the basic rules of inquiry.  Petitioners must be subject to cross-examination. That’s what justice demands.” ” she said.

She also described the inquiry setting as deeply intimidating. Unlike previous proceedings under Article 146, which were held at the Judicial Service’s Court Complex, this one has taken place at the Castle, Osu — a restricted, high-security government site.

There, she said, her family was denied entry, and she and her lawyers were stripped of their phones and laptops and subjected to personal searches. Meanwhile, she alleges, the petitioners’ legal representatives were allowed to move freely with electronic devices.

“These actions are not merely procedural irregularities. They are deliberate tactics designed to mentally break me and tarnish the dignity of my office.” ” she argued.

Justice Torkornoo maintains that such treatment is a clear deviation from precedent, asserting that all prior Article 146 hearings involving judges have taken place in neutral, judicially appropriate environments.

Calling the entire process “a mockery of justice” and “a ruse to unjustifiably remove me from office,” the Chief Justice has asked the Supreme Court to immediately intervene by granting an interlocutory injunction to suspend the inquiry.

“This is bigger than me,” she warned. “What is at stake is the security of tenure for every justice of the Superior Courts of Judicature. What is under threat is the very soul of our Constitution.”

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