Article 146 Committee sitting: Former CJs, legal luminaries testify for Torkornoo

A lineup of Ghana’s most respected jurists — including two former Chief Justices — has appeared before the five-member Article 146 Committee to testify in defence of the suspended Chief Justice, Justice Gertrude Esaaba Sackey Torkornoo.

Retired Chief Justices Sophia Akuffo and Kwasi Anin Yeboah were joined by eminent figures such as Nana Dr. S.K.B. Asante, the paramount chief of Asokore Asante and chair of the committee of experts that drafted the 1992 Constitution, retired Supreme Court Justice Jones Dotse, and veteran lawyer Samuel Okudzeto, who has practised at the bar for more than six decades.

Sources also confirm that the Ghana Bar Association’s leadership — President Efua Ghartey, Vice President Victoria Nana Ama Barth, and Executive Secretary Kwaku Gyau Baffour — appeared before the panel to challenge allegations against the Chief Justice. They reportedly presented records of the Association’s work on the expansion of the Supreme Court, disputing claims that Torkornoo acted unilaterally in recommending new judges.

The legal heavyweights were not subpoenaed but appeared voluntarily at the request of the Chief Justice herself, between 4 and 18 August 2025. Their participation, according to insiders, was meant to provide clarity and counter what they described as “baseless allegations.”

Since her suspension on 22 April 2025, Justice Torkornoo has been actively attending the committee’s sittings, which commenced on 15 May 2025.

Testimonies from the senior jurists reportedly supported Justice Torkornoo’s argument that the petitions lacked constitutional grounds. Nana Dr. S.K.B. Asante is said to have stressed that Article 146 was never intended as a tool to remove a Chief Justice over personal matters, such as travel choices, but only in cases of genuine incapacity or misconduct.

The two former Chief Justices, Akuffo and Anin Yeboah, are also believed to have confirmed that the travel and administrative benefits currently enjoyed by Torkornoo were identical to those they received while in office, undermining accusations of impropriety. On the matter of assigning judges to cases, they reportedly affirmed that such decisions fall squarely within the routine administrative duties of a Chief Justice.

Witnesses further raised issues with the committee’s procedure, pointing to constitutional breaches. They argued that the failure to serve the Chief Justice with the President’s prima facie findings — reached in consultation with the Council of State — as well as the absence of clearly defined issues for the inquiry, violated the 1992 Constitution and rendered the hearings questionable.

Justice Torkornoo herself has been testifying since 18 August 2025, insisting that all allegations of misbehaviour and incompetence are unfounded. After her testimony, the committee is expected to wrap up deliberations and prepare a report for submission to President John Dramani Mahama.

Background to the Case

Justice Torkornoo’s suspension stemmed from three petitions submitted earlier this year:

The first, by a group calling itself Shining Stars of Ghana, filed on 14 February 2025, challenged aspects of her conduct.

A second petition, also dated 14 February, came from ACP Ayamga Yakubu Akolgo, a senior police officer, who cited matters arising from Supreme Court proceedings.

The third, submitted by Daniel Ofori on 17 March 2025, listed 21 allegations of misbehaviour and four claims of incompetence, all tied to her administrative role as head of the judiciary.

Composition of the Committee

The Article 146 panel is chaired by Justice Gabriel Scott Pwamang, the second-most senior justice of the Supreme Court. Other members include Supreme Court Justice Samuel Kwame Adibu-Asiedu, former Auditor-General Daniel Yaw Domelevo, Major Flora Bazwaanura Dalugo of the Ghana Armed Forces, and Professor James Sefah Dzisah of the University of Ghana.