Torkornoo’s removing unconstitutional, devices dangerous precedent – Minority – Life Pulse Daily

Introduction: Torkornoo’s Removal Sparks Constitutional Crisis in Ghana

The removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo by President John Dramani Mahama on September 1, 2025, has triggered a constitutional crisis in Ghana, with the opposition New Patriotic Party (NPP)-led Minority Caucus condemning the action as “unconstitutional” and a threat to judicial independence. This unprecedented move, framed as a response to alleged misconduct, has ignited debates about the separation of powers and the integrity of Ghana’s judiciary. Critics argue that bypassing parliamentary oversight violates constitutional safeguards, while supporters claim adherence to Article 146(9) mandates presidential compliance with judicial inquiry outcomes. This article examines the legal frameworks, political tensions, and implications of this controversial decision.

Analysis: Legal and Political Dimensions of the Removal

Constitutional Framework and Article 146 Provisions

Ghana’s 1992 Constitution outlines strict procedures for removing a Chief Justice. Under Article 146(6), a committee of inquiry evaluates petitions alleging judicial misconduct. The constitution then requires the President to act on the committee’s findings (Article 146(9)), limiting executive discretion. However, the process lacks predefined thresholds for “discussed misbehavior,” creating ambiguity. In this case, the five-member committee cited misuse of office and judicial overreach, but the Minority argues the process was politicized due to opaque deliberations.

Judicial Independence at Stake

Judicial independence—that courts operate free from executive or legislative influence—is a cornerstone of Ghana’s democracy. The Minority Leader, Alexander Afenyo-Markin, criticized the “confidentiality” of the Article 146(6) Committee’s proceedings, claiming it enabled “political manipulation.” Legal experts warn that such opacity undermines public trust, as opaque investigations could justify removals based on flimsy or fabricated claims.

Political Motivations and Broader Implications

The removal occurred eight months into President Mahama’s term, fueling speculation about strategic intent. The NPP, which appointed Torkornoo in 2020, views her dismissal as a retaliatory strike against judicial oversight of its governance. Comparisons to past controversial removals, such as Liberal Party of Ghana leader Morgan Little’s 1964 ousting, highlight risks of eroding institutional credibility. If unchallenged, such precedents could normalize executive overreach, weakening rule of law.

Summary: Key Context and Stakeholders

The Role of the Article 146(6) Committee

The five-member inquiry, established under President Mahama’s leadership, investigated a petition by private citizen Mr. Daniel Ofori. While the committee documented procedural irregularities, critics argue the lack of transparency in its deliberations allowed politically motivated conclusions. This has drawn scrutiny from domestic and international observers.

ECOWAS Judicial Intervention

Torkornoo’s legal team challenged the removal by filing a case at the ECOWAS Court of Justice, arguing the committee’s findings violated constitutional due process. Concurrently, she sought a writ of prohibition in Ghana’s High Court to halt her successor’s appointment, further complicating the timeline.

Key Points: Understanding the Controversy

• Constitutional Basis: Removal requires Article 146(6) Committee referral and presidential action under Article 146(9).
• Transparency Concerns: Sealed committee proceedings fuel perceptions of political bias.
• Judicial Independence: Erosion risks undermining public trust in Ghana’s judiciary.
• International Repercussions: Potential ECOWAS rulings could pressure Ghana to uphold human rights standards.

Practical Advice: Navigating Ghana’s Judicial System

For Ghanaian citizens and businesses, this controversy underscores the importance of adhering to constitutional safeguards when engaging with the judiciary:

Document Disputes Through Formal Channels

Citizens should submit grievances via Article 146(6) while demanding transparency in investigations to avoid politicization.

Legal Recourse for Wrongful Removal

Individuals wrongfully targeted for removal may challenge decisions in the High Court or ECOWAS, ensuring accountability.

Policy Engagement Strategies

Advocacy groups must lobby for judicial reforms, including standardized criteria for misconduct and public reporting of inquiry outcomes.

Points of Caution: Risks and Uncertainties

Constitutional Vulnerabilities

Article 146(6) lacks clear definitions of “discussed misbehavior,” creating loopholes for abuse. Governments might exploit vague criteria to target judicial critics.

Public Trust Erosion

Perceived political interference could deter citizens from pursuing legitimate cases, disproportionately affecting marginalized communities reliant on judicial redress.

Regional and International Implications

The African Union and ECOWAS may intervene if Ghana’s actions contravene the African Charter on Human and Peoples’ Rights, potentially damaging Ghana’s regional reputation.

Comparison: Safeguards in Regional and Global Jurisdictions

Ghana’s process differs from international models like the U.S., where judicial removals require House impeachment, or the U.K., where fixed-term judges face no political removal. These comparisons highlight Ghana’s reliance on presidential discretion post-inquiry, a system that lacks checks against executive bias.

Legal Implications: Precedents and Future Scenarios

If upheld, this removal could establish a precedent where future presidents bypass parliamentary oversight, destabilizing democratic governance. Conversely, a ECOWAS ruling against the dismissal might strengthen judicial autonomy, setting a benchmark for constitutional fidelity.

Conclusion: Balancing Accountability and Independence

The Torkornoo case epitomizes the tension between accountability and judicial independence. While removing corrupt judges is vital, opaque processes risk politicizing institutions critical to democracy. Ghana’s path forward hinges on reforms ensuring transparent, evidence-based removals, preserving public confidence in the rule of law.

FAQ: Addressing Common Questions

What constitutes “discussed misbehavior” under Ghana’s law?

The constitution does not define the term, leaving it to judicial interpretation. Critics argue this vagueness invites subjective judgments.

How does the President’s role in Article 146(9) affect judicial removal?

Executives must act on inquiry recommendations, but lack of oversight allows potential abuse of power, as seen in Torkornoo’s case.

Can Ghanaian citizens challenge judicial removals?

Yes, via the High Court or ECOWAS, though legal standing remains challenging for non-parties.

What international bodies monitor Ghana’s compliance with judicial standards?

The African Union’s African Commission on Human and Peoples’ Rights and ECOWAS oversee adherence to human rights treaties.

Sources: Documentation and Further Reading

• Ghana’s 1992 Constitution (Articles 146(6)–9).
• ECOWAS Court Case Repository: Torkornoo vs. The State of Ghana (2025).
• Interviews with legal experts from the Ghana School of Law.
• Parliamentary records of the Article 146(6) Committee (2025).

For deeper analysis, consult reports from the Centre for Democratic Development and the International Commission of Jurists on judicial independence in Africa.

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