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Introduction
DUBAWA has begun publishing details of the petitions submitted to President John Dramani Mahama against the Chief Justice, Her Ladyship Justice Gertrude Sackey Torkornoo. The first part of the report focused on the petition submitted by a private citizen, Daniel Ofori.
In this explainer, DUBAWA will focus on a petition filed by Assistant Commissioner of Police and barrister, Ayamga Yakubu Akolgo. He petitioned President Mahama to initiate the constitutional process for removing the Chief Justice, as outlined in Article 146 of the 1992 Constitution. His allegations range from unlawful arrest to manipulation of court records.
The petitioner’s concerns stem from the conduct of a Supreme Court hearing on 14th November 2023. The petition, which is steeped in allegations of judicial misconduct and incompetence against the Chief Justice, bases its call for removal on Article 146 of the 1992 Constitution, the Judicial Service Act, and the Code of Conduct for Judges and Magistrates. The full petition can be found here. At the heart of the petition are six accusations:
Accusations Against Chief Justice
Demeaning Remarks: The petitioner alleges that on November 14, 2023, after the Chief Justice delivered a ruling dismissing his case without stating reasons, she made demeaning, off-the-judgment remarks, calling him an “incompetent senior barrister.” He describes her comments and body language as disrespectful, aimed at ridiculing and humiliating him publicly. He further contends that such behaviour constitutes an abuse of judicial office, violates the Code of Conduct for Judges and Magistrates in Ghana, and risks bringing the judiciary into disrepute.
Unlawful Arrest and Detention: The petitioner claimed that the Chief Justice’s decision to order his arrest following a disagreement over off-judgment remarks was illegal. In his defence, he quoted the Criminal Procedure Act, 1960 (Act 30), which states that a judge does not have the authority to arrest someone unless specific conditions are met, such as a crime being committed in their presence, which was not the case here. He also claims that the arrest was based on personal prejudice and malice, violating both the Judicial Service Act and the Code of Conduct for Judges. This action, he argues, violated his constitutional rights against unlawful arrest and detention and tarnished the integrity of the judiciary.
Misuse of Contempt Powers: Assistant Commissioner of Police and barrister, Ayamga Yakubu Akolgo, further claimed that disagreeing with a judge’s demeaning comments does not constitute contempt of court.
Unilateral Action Without Panel Concurrence: In what he describes as a spontaneous, unilateral decision, Akolgo claims the Chief Justice acted unilaterally without the consent of other members of the five-member Supreme Court panel.
Failure to Record Judicial Actions: Crucially, Akolgo points out that the Chief Justice failed to officially record the arrest and detention order in the court’s proceedings, breaching core judicial obligations and effectively denying him the right to appeal or seek redress.
Fabrication of Court Records: Perhaps the most explosive allegation, the petitioner claims the Chief Justice supervised the fabrication of official court records by directing that a search report falsely state he was never arrested or detained, an act he deems a criminal offence under Ghanaian law.
Response from Chief Justice Gertrude Sackey Torkornoo
The Chief Justice, Gertrude Sackey Torkornoo, responded to Ayamga Yakubu’s petition seeking her removal for alleged misbehaviour and incompetence during a Supreme Court hearing on November 14, 2023. The full response can also be found here.
She apologised if the petitioner had a bad experience, but argued that the petition lacks any proof of misconduct or incompetence under the 1992 Constitution. She explained that court proceedings are a collective function of the full panel, not just the presiding judge, and that under Article 127(3), judges are protected from lawsuits over actions taken while exercising their judicial power.
The Chief Justice clarified that court records are summaries, managed by recorders, not judges, and that the judiciary’s registry, not individual judges, handles search reports. She denied influencing the records or search results.
Finally, she asserted that the petitioner’s submitted evidence contradicts his claims of mistreatment; therefore, the petition does not establish grounds for her removal.
Conclusion
The petition by ACOP Ayamga Yakubu Akolgo against Chief Justice Gertrude Sackey Torkornoo presents serious allegations, ranging from unlawful arrest to manipulation of court records. However, in her response, the Chief Justice firmly denies the accusations, emphasising the collective nature of Supreme Court proceedings and the legal protections afforded to judges under Ghana’s Constitution.
