Lead counsel for former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, Nii Ayikoi Otoo, has described her removal as unconstitutional and a grave threat to judicial independence.
In a statement released on Wednesday, September 24, Mr. Otoo argued that the process leading to Justice Torkornoo’s dismissal was riddled with “serious constitutional, procedural, and institutional breaches.” He accused the Article 146 Committee and the Presidency of denying her due process by failing to serve her with a prima facie determination, disregarding her legal team’s submissions, and extending her removal to her role as a Supreme Court Justice—beyond the scope of the original petition.
He further alleged that critical exculpatory evidence, including audit reports and testimonies from Judicial Service officials, was ignored, resulting in what he called a miscarriage of justice.
Mr. Otoo noted that several judicial review applications are still pending before the Supreme Court, alongside a case at the ECOWAS Court of Justice seeking her reinstatement. Despite this, President Mahama has nominated Justice Paul Baffoe-Bonnie as her replacement, a move Otoo says undermines separation of powers.
Calling the development a “dangerous precedent,” he warned that it risks turning the office of Chief Justice into a revolving door dictated by politics. He urged the legal fraternity, civil society, Parliament, and the international community to resist executive overreach and defend judicial independence.
“The former Chief Justice is not clinging to power,” Otoo stressed. “She is standing for the rule of law, constitutional democracy, and the rights of every Ghanaian.”
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