|
Getting your Trinity Audio player ready...
|
Introduction
In a country where justice is the last refuge of the common man, the fate of the Chief Justice Gertrude Torkornoo is in balance. She is the ultimate guardian of the rule of law. But today, this magnificent figure stands at the heart of a storm. Formal petitions have been lodged with President John Mahama, calling for her removal. The accusations pierce through the fabric of her well-built career, which once symbolised hope, independence, and the unassailable power of Ghana’s judiciary. Justice Torkornoo, once hailed as a reformist voice and a symbol of judicial integrity, now finds her legacy under fierce scrutiny.
As the situation unfolds, several petitions have been filed. However, DUBAWA will be publishing the petitions in parts. These parts will focus on the concerns raised by the petitioner and the responses from the chief justice.
Who is behind this petition?
The petition was filed by a private citizen named Daniel Ofori, who submitted a request to President John Mahama on March 17, 2024, seeking the removal of Chief Justice Her Ladyship Gertrude Sackey Torkornoo. The petition cites allegations of “stated misbehaviour” and “incompetence” under Article 146(1) of the 1992 Constitution of the Republic of Ghana. The full petition is available here, and Chief Justice Gertrude Araba Esaaba Sackey Torkornoo’s response can be accessed here.
What are the concerns?
For a better understanding of the issues the petitioner raised, DUBAWA has perused the document and decided to put these cases into seven thematic areas. There are twenty-one (21) specific allegations of misbehaviour against the Chief Justice and four (4) allegations of incompetence.
Financial Misconduct and Misappropriation of Public Funds.
The petitioner has claimed that the Chief Justice;
- Misappropriated GHS261,890 for private foreign travel expenses for herself, her husband, and her daughter, plus a $30,000 per diem.
- Misappropriated GHS75,580 for Ethiopian Airlines tickets for a personal vacation to Arusha, Tanzania.
- Received an accountable imprest of $14,000 for travel but failed to retire the funds properly.
Unconstitutional Interference with Judicial Proceedings
- Ordered National Security to seize court computers during proceedings in the Republic v. Gyakye Quayson case without notifying the parties involved.
- Caused the arrest and maltreatment of Judicial Service ICT staff during investigations into alleged court record tampering.
- Falsely accused Judicial Service staff of tampering with court records, setting up an inquiry without due process.
- Distributed circulars to courts instructing them not to grant lawyer Kwame Fosu Gyeabou audience despite a Court of Appeal stay of suspension. The first circular cited lawyer Kwame Fosu Gyeabou’s failure to renew his licence for 2024, while the second noted the deactivation of his Bar Association certificate.
- Directed, via a circular, that any court orders favouring the said lawyer would be deemed void, infringing on judicial independence.
- Interfered in the Kasoa Ofaakor District Court by halting execution processes lawfully pursued by a winning party.
Abuse of Administrative Authority and Transfers
- Arbitrarily transferred court cases (e.g., Daniel Ofori v. Ecobank) between judges and courts to allegedly achieve preferred outcomes.
- Disapproved of decisions by certain High Court judges and engineered transfers to more compliant judges.
- Punished Judicial Service officials (e.g., Francis Baiden) even after exoneration by her own committee.
- Punitive reassignment of Justice Anokye-Gyimah after he decided to conduct a de novo trial in the Republic v. Opuni case.
- Deliberately reassigned Republic v. Opuni to Justice Aboagye Tandoh by transferring him from Winneba to Accra.
- Unlawful administrative interference with the Court of Appeal’s registry to delay urgent applications (SALL case).
- Rushed the empanelling of the Supreme Court for an ex-parte application in the Afenyo-Markin v. Speaker case.
Defiance of Court Orders
- Disobeyed High Court orders to reinstate dismissed Judicial Service staff (Thomas Odei Boafo and Philip Kumayi Daliba).
- Ignored Court of Appeal orders regarding the professional suspension of a lawyer, Kwame Fosu Gyeabour
Unlawful Dismissals and Staff Victimisation
- Dismissed Mohammed Musah, Deputy Chief Registrar, without due process and in violation of constitutional protections.
- Wrongfully dismissed Richard Boadi Acheampong for minor misconduct, leading to his trauma and eventual death.
Political Manipulation of Judicial Appointments
- Nominated five judges for Supreme Court appointments allegedly based on partisan political considerations, colluding with the President to influence the judiciary long after his term ends.
Incompetence in Administrative Appointments
- Appointed sitting judges, namely Justice Cyra Pamela Addo, Justice Helen Ofei, His Honour Jojo Amoah Hagan, to administrative posts while they continued judging, causing operational inefficiency.
- Created a conflict of roles and compromised the neutrality and effectiveness of judicial administration.
Response from the Chief Justice
The response from the Chief Justice can also be found here.
1. Misappropriation of Funds for Travel
- Denies wrongdoings; The Chief Justice explains that Judicial Service policies permit travel with a spouse or another person at Judicial Service expense.
- Provided proof of proper retirement of travel imprest and compliance with internal policies since 2010.
2. Interference with Court Proceedings (Republic v Gyakye Quayson)
- Denies interference; says she only initiated an investigation after receiving reports of digital tampering with court records.
- The investigation was conducted appropriately without breaching any constitutional duties.
3. Case Transfers Involving Daniel Ofori and Ecobank
- Defends case transfers as a daily judicial practice guided by case management rules and High Court Civil Procedure Rules to avoid conflicting judgments.
- Clarifies that one transfer was necessitated by a judge’s urgent medical leave, not manipulation.
- Cites res judicata (matter already judged) since similar allegations were previously dismissed under President Akufo-Addo.
4. Non-Compliance with Court Orders on Staff Reinstatements
- Denies personal refusal to reinstate staff; says the Judicial Council is still considering the matters based on advice from the Attorney General.
- Some cases (e.g., Phillip Kumayi Daliba) were unknown to her until the petition.
5. Dismissal of Judicial Staff (e.g., Mohammed Musah, Richard Boadi Acheampong)
- Asserts that dismissals were based on findings of disciplinary committees, not personal action.
6. Suspension of Lawyer Kwame Fosu Gyeabuor
- Denies any wrongdoing; explains that the lawyer’s suspension predated her tenure.
- Issues with license renewal were due to a failure in the Ghana Bar Association’s system, not personal interference.
7. Interference at Kasoa District Court
- States that there is no evidence of interference.
- Emphasises her administrative responsibility to oversee the Judiciary under Article 125(4) of the Constitution.
8. Nominations to the Supreme Court
- Says nominations followed established constitutional practices and had already been dismissed by the Council of State as lacking merit (res judicata).
9. Transfers of Judges (Justice Anokye-Gyimah, etc.)
- Explains that transfers were made to address serious judicial management concerns at the Tema and Kumasi courts, not as punishment.
10. Handling of the SALL (Special Voting) Case
- She clarified that she corrected a jurisdictional error to ensure court processes followed proper procedure.
11. Fast-tracking Ex Parte Applications (e.g., Afenyo-Markin v. Speaker)
- Defends it as part of a broader judiciary policy to expedite election-related cases in the national interest.
Conclusion
The petition filed by Daniel Ofori against Chief Justice Gertrude Araba Esaaba Sackey Torkornoo has brought to light allegations of financial misconduct, unconstitutional interference in judicial proceedings, and administrative malpractices. The Chief Justice’s defence, however, insists that her actions were in line with judicial protocols and constitutional duties, emphasising that many of the allegations are either misrepresented or fall within her legitimate administrative scope.
