Constitutional Crisis in Ghana: Suspension of Chief Justice Torkornoo Sparks Fierce Debate

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In an unprecedented constitutional move, President John Dramani Mahama has suspended Chief Justice Gertrude Torkornoo, igniting a storm of political backlash, legal scrutiny, and public unrest. The action, executed under Article 146 of Ghana’s 1992 constitution, marks the first-ever suspension of a Chief Justice and has sparked urgent discourse about the balance of power and judicial independence in Ghana.

Immediate Shockwaves

Mahama’s announcement, issued via a terse press statement, gave no details on the grounds—merely citing three undisclosed petitions that formed a “prima facie” case against the Chief Justice  . Within hours, the Ghana Bar Association (GBA) demanded immediate reversal, declaring the suspension unconstitutional under Articles 146 and 296 and decrying the lack of published regulations governing such a move.

Political Firestorm

Opposition leaders denounced the action as a blatant power play:

Justin Frimpong-Kodua (NPP) branded it “absurd, repugnant and unconstitutional,” warning it threatens Ghana’s democratic progress  . The New Patriotic Party (NPP) rallied supporters in red-and-black protests in Accra, decrying the action as a “judicial coup” and demanding Torkornoo’s reinstatement.

Meanwhile, President Mahama’s camp defended the move as informed by constitutional necessity, asserting the formation of a proper committee following counsel from the Council of State.

Investigative Committee Assembled

Under the constitution, Mahama constituted a five-member committee, led by Supreme Court Judge Gabriel Pwamang and comprising Justice Samuel Adibu-Asiedu, ex-Auditor General Daniel Domelevo, military officer Major Flora Dalugo, and academic Prof. James Sefah-Dzisah  . Their task: to examine the petitions and determine whether grounds exist for removal.

Legal and Public Concern

Chief Justice Torkornoo, in a May 21 Supreme Court motion, sought an interlocutory injunction halting the committee’s proceedings—and challenging the suspension warrant itself—as unconstitutional.

Civil society voices, including the Centre for Democratic Movement, warned that bypassing due procedures weakens democratic institutions and erodes public trust in the judiciary  . Legal observer Nana Karikari pointed out the deep constitutional dilemma and its implications for separation of powers.

Regional Fallout

Ghana’s reputation as a democratic model in West Africa is now under scrutiny. Analysts warn the episode could tarnish investor confidence and regional credibility if state interference in the judiciary becomes normalized.

What Lies Ahead

Key developments to monitor include:

Committee Hearings: Will the process respect transparency, due process, and constitutional safeguards? Judicial Review: The Supreme Court will rule on Torkornoo’s injunction against the committee’s work. ECOWAS Appeal: Torkornoo has escalated to the ECOWAS Court in Abuja, alleging human rights violations related to her suspension.

Stakes for Ghana’s Democracy

This crisis is more than a judicial test—it’s a referendum on Ghana’s democratic resilience. Following decades of institutional consolidation, the judiciary now stands at a crossroads. The outcome—whether procedures are respected and checks maintained—will shape Ghana’s democratic trajectory for years to come.

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