Lack of Clear Rules on CJ Removal Sets Risky Precedent – GBA President Warns

The President of the Ghana Bar Association (GBA), Efua Ghartey, has voiced strong concerns over the recent removal of Chief Justice Gertrude Torkornoo by President John Dramani Mahama, warning that the process exposes a dangerous gap in the country’s legal framework.

Addressing participants at the GBA’s Annual General Conference in Wa on Monday, September 15, Ms. Ghartey said the circumstances surrounding the Chief Justice’s removal raise serious doubts about fairness and transparency.

She noted that this was the first time in the Fourth Republic that Article 146 of the 1992 Constitution had been invoked to remove a Chief Justice, stressing the need for the Bar to take a firm position on the matter.

While acknowledging that the Constitution allows for the removal of superior court judges, Ms. Ghartey argued that the absence of detailed procedural rules creates room for arbitrariness.

“The Bar recognises that removal under Article 146 is constitutional. Our concern is with the procedure — the lack of clear rules risks turning the process into an arbitrary one that undermines fairness,” she cautioned.

She reminded the audience that the GBA had, as far back as April 30, 2025, adopted a resolution calling for the swift enactment of comprehensive regulations to guide Article 146 proceedings, particularly those involving the impeachment or removal of superior court justices. To date, however, no such regulations have been enacted.

“The lack of such rules, especially in removing the country’s fourth-highest officeholder, is troubling. The procedure should have been known and transparent before it began, otherwise it sets a worrying precedent that erodes confidence in our justice system,” she added.

Ms. Ghartey further stressed that justice must be impartial and accessible to all, regardless of political or economic standing.

Chief Justice Gertrude Torkornoo was removed from office on September 1, 2025, following a recommendation by a committee established under Article 146(6) to investigate a citizen’s petition. A statement from the Presidency said her removal took immediate effect.