Prez Mahama Invokes Article 146(9), Removes Chief Justice Torkornoo from Office

President John Dramani Mahama has, in accordance with Article 146(9) of the 1992 Constitution, removed the Chief Justice, Her Ladyship Gertrude Araba Esaaba Sackey Torkornoo, from office following the submission of a report by the independent committee established to investigate petitions filed against her.

This followed after the Committee Submits the First Report to Presidency

The five-member independent committee, chaired by Supreme Court Justice Gabriel Scott Pwamang, submitted its first report to the President at a brief ceremony held at the Jubilee House on Monday, September 1, 2025.

The committee, constituted in line with Article 146 and including Justice Asiedu and three eminent non-lawyer members—was tasked with investigating petitions seeking the removal of the Chief Justice.

Justice Pwamang disclosed that the committee had concluded its work on the first petition, filed by Mr. Daniel Ofori, and submitted its findings and recommendations to the President in a sealed envelope.

He explained that the panel conducted all proceedings in camera as mandated by Article 146(7). “While proceedings are not open to the public, they are not secret. We ensured fairness and transparency within the limits of the Constitution despite several false claims in the public space,” he stated.

Evidence Examined

According to the Chair, the committee heard testimony from 13 witnesses for the petitioner and 12 witnesses, including experts, called by the Chief Justice herself. Each side was represented by four lawyers. Nearly 10,000 pages of documentary exhibits were examined before the committee reached its conclusions.

“After critical and dispassionate assessment of all the evidence against the provisions of the Constitution and the relevant laws, we have, without fear or favour, arrived at a recommendation on the first petition,” Justice Pwamang declared.

The content of the recommendations was kept confidential until the President acted on them.

Pending Petitions

Justice Pwamang further disclosed that the two other petitions against the Chief Justice remain pending, as both petitioners and the Chief Justice had requested adjournments, which were duly granted. The committee is expected to resume work on these matters in the coming weeks.

Government Press Release

Following receipt of the report, the Office of the President released an official statement announcing the removal of Chief Justice Torkornoo. The statement, signed by the Minister for Information, read:

The President of the Republic, H.E. John Dramani Mahama, acting in strict accordance with Article 146(9) of the 1992 Constitution, has today, Monday, September 1, 2025, removed the Chief Justice of the Republic of Ghana, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, from office.

This decision follows the submission of the first report of the independent five-member committee established by the President to inquire into petitions duly filed under Article 146 of the Constitution.

The President wishes to emphasize that this constitutional process is intended to uphold the principles of accountability and integrity within the judiciary, while at the same time safeguarding judicial independence.

In line with established practice, the Judicial Council and the Ghana Bar Association have been duly notified. Arrangements will be made in consultation with the Council of State for the appointment of an Acting Chief Justice until a substantive nomination is made to Parliament for approval.

The Government assures the Ghanaian public and the international community of its unflinching commitment to constitutional governance, the rule of law, and the independence of the judiciary.

Constitutional Framework

Under Article 146 of the Constitution, a Chief Justice may be removed from office on grounds of stated misbehaviour, incompetence, or infirmity of body or mind.

Once a prima facie case is established, the President constitutes a special committee to investigate. The President is constitutionally bound to act in line with the committee’s recommendations, whether they call for removal or dismissal of the petition.

A Historic First

This marks the first time in Ghana’s history that a sitting Chief Justice has been removed through Article 146 proceedings.

While petitions against other Justices of the Superior Courts have surfaced in the past, most have not progressed beyond the prima facie stage.

The outcome sets a historic precedent with far-reaching implications for judicial accountability and the balance of powers under Ghana’s Fourth Republic.

Source: Felix Nyaaba / expressnewsghana.com