Chief Justice Gertrude Torkornoo is facing significant accusations of misconduct in the courts and constitutional violations as a result of two formal petitions to remove her.
Despite her adamant denial of all charges, the petitions’ contents have sparked popular outrage and demands for judicial openness.
1. Breach of constitutional procedure in judicial appointments
Filed by: Shining Stars of Ghana (represented by Kingsley Agyei)
The group accused the Chief Justice of overstepping her mandate by writing to then-President Akufo-Addo recommending the appointment of five justices of the Court of Appeal to the Supreme Court — allegedly without proper consultation with the Judicial Council.
According to the petitioners, this act violated Article 144 of the 1992 Constitution and demonstrated “incompetence” in the administration of judicial procedures.
“We believe this undermines the integrity of the judiciary and calls for her removal,” the petition stated.
2. Misconduct and breach of natural Justice in a Supreme court ruling
Also filed by: Shining Stars of Ghana
The second allegation revolves around a specific case — Afenyo-Markin v. The Speaker of Parliament— in which the Chief Justice presided. Petitioners argue that she breached rules of natural justice, suggesting her role compromised fairness in the court’s ruling.
3. Disrespectful conduct and unfair treatment in court
Filed by: Lawyer Ayamga Yakubu Akolgo
A separate petition from lawyer Ayamga Yakubu claims the Chief Justice acted inappropriately during a Supreme Court hearing on November 14, 2023. He alleges that her conduct led to his abrupt removal from the courtroom, detention, and subsequent release — based on what he describes as false media reports.
“I was made to look unruly in the media, when in fact I acted within the bounds of decorum,” Yakubu wrote.
He also criticised the court records, claiming they were incomplete and did not accurately reflect events. Additionally, he argued that a search report he received contained falsehoods — allegedly with the Chief Justice’s input.
4. Allegations of false record-keeping and abuse of authority
Also by: Yakubu Akolgo
Yakubu accused the Chief Justice of indirectly contributing to the issuance of a false search report from the Supreme Court registry — an act he views as a violation of the Judicial Service’s code of conduct. He cited Section 16 of the Judicial Service Act, though he relied on an outdated version (1960 CA 10), which has since been replaced by the 2020 Act (Act 1057).
Aftermath
Chief Justice Torkornoo has strongly denied all allegations, stating that the claims are either repetitive, misleading, or constitutionally misinformed.
“None of the allegations meets the threshold for stated misbehaviour or incompetence under Article 146,” she wrote in her official response to the President.
She also emphasised that court decisions are made collectively, not individually, and that she is not responsible for registry operations or the behaviour of court staff.
Background
President Mahama has now appointed a five-member committee to look at the complaints and offer suggestions.
Justices of the Supreme Court, a former Auditor-General, and professionals from academics and the military make up the varied group.
Ghanaians are awaiting clarification as the investigation progresses as to whether these accusations indicate actual wrongdoing or are merely the result of a misinterpreted legal system.
Source: newsthemegh.com