From Petition to Removal: Tracing events behind Gertrude Torkornoo’s dismissal

Getting your Trinity Audio player ready...

Introduction 

Chief Justice Gertrude Torkornoo has been dismissed from office by President John Dramani Mahama after a constitutional committee found her guilty of “stated misbehaviour.” The five-member body, established under Article 146 of the 1992 Constitution, investigated petitions of misconduct against her and recommended her removal. The President, bound by law to act on the committee’s findings, formally ended her tenure on September 1, 2025.

However, Daniel Ofori’s petition was the basis for her removal. This explainer examines the petition, the committee’s findings and recommendations, and the broader issues that have garnered domestic and international attention.

Petition by Daniel Ofori Against the Chief Justice

The petition was filed by Daniel Ofori, a private citizen who submitted a request to President John Mahama on March 17, 2024, seeking the removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo. The petition cited allegations of “stated misbehaviour” and “incompetence” under Article 146 (1) of the 1992 Constitution of the Republic of Ghana.

Key among the concerns raised were:

Financial Misconduct and Misappropriation of Public Funds

• Misappropriation of GHS 261,890 for private foreign travel expenses for herself, her husband, and her daughter, in addition to a $30,000 per diem.
• Misappropriation of GHS 75,580 for Ethiopian Airlines tickets for a personal vacation to Arusha, Tanzania.
• Receiving $14,000 for travel expenses, but not accounting for how the money was used.

Political Manipulation of Judicial Appointments

• This includes the nomination of five judges for Supreme Court appointments allegedly based on partisan political considerations, in collusion with the President, to influence the judiciary even after his term of office.

Abuse of Administrative Authority and Transfers

• Arbitrary transfer of court cases (e.g., Daniel Ofori v. Ecobank) between judges and courts to allegedly secure preferred outcomes.
• Disapproval of certain High Court judges’ decisions and subsequent transfers of those judges to more compliant postings.
• Punishment of Judicial Service officials (e.g., Francis Baiden) even after her own committee had exonerated them.

Response from Chief Justice

Chief Justice Gertrude Torkornoo rejected the accusations of misbehaviour, incompetence, and judicial misconduct.

Suspension and Committee of Inquiry

As a result of the petition, President John Mahama suspended the Chief Justice pending an investigation by a five-member committee of inquiry. In July, the suspended Chief Justice challenged the process at the Supreme Court and later petitioned the ECOWAS Court, alleging violations of her rights in connection with the removal process.

On Monday, September 1, Supreme Court Justice Gabriel Scott Pwamang, Chair of the Article 146 Committee of Inquiry, formally presented the committee’s recommendation to President Mahama.

Pwamang’s Committee Findings

After hearings and review of evidence, the committee concluded that “stated misbehaviour” had been established under Article 146(1) of the Constitution. Specifically, it cited:

a. Misuse of Public Funds

• Imposition of undue travel expenses on the Judicial Service for personal trips in September 2023, first to Tanzania with her husband and then to the United States with her daughter.
• Payment of per diems to her spouse and daughter, which the committee said constituted unlawful and reckless expenditure of public funds, was incompatible with her role as head of the Judiciary.

b. Unjustified Breach of Judicial Procedures

• Violation of Article 295(a) and (b) of the 1992 Constitution in the handling of the transfer of Mr. Baiden, without proper justification or procedure.

c. Attempt to Sidestep Established Appointment Processes

• Despite her appointment following established norms and case law, she was found to have intentionally bypassed known nomination and appointment protocols to appoint some Supreme Court judges. The committee classified this as misbehaviour.

According to the committee, these actions collectively placed her squarely under the category of stated misbehaviour.

Source: Office of the President 

Committee Recommendation & Presidential Action 

The committee, chaired by Justice Gabriel Pwamang, formally submitted its report on September 1, 2025, concluding that the grounds for misbehaviour had been met and recommending her immediate removal.

Under Article 146(9), the President was constitutionally obligated to act on this recommendation, and he did. On the same day, Chief Justice Torkornoo was immediately removed from office.

Source: Presidency Communications 

Conclusion

Chief Justice Gertrude Torkornoo’s removal is historic, setting a precedent for judicial accountability under Ghana’s Constitution. While the committee’s findings compelled the President’s action, the controversy over the process and her strong denials ensured the debate over law, politics, and judicial independence would continue.