Absence of rules on Chief Justice removal sets dangerous precedent – GBA President

The President of the Ghana Bar Association (GBA), Efua Ghartey, has raised strong concerns over the removal of Chief Justice Gertrude Torkornoo by President John Dramani Mahama.

Speaking at the GBA’s Annual General Conference in Wa on Monday, September 15, Ms. Ghartey said the process leading to the Chief Justice’s removal posed serious questions about fairness and transparency.

“We’re all aware that Article 146 of our 1992 Constitution has come under severe scrutiny in recent times. For the first time under this Republic, it’s being evoked in the respect of a Chief Justice. The position of the Bar must be stated clearly in this regard,” she said.

While acknowledging that the Constitution provides for the removal of superior court judges, she argued that the lack of clear procedural rules leaves the process open to arbitrariness.

“The Bar recognises the fact that the power of removal can be exercised under Article 146. But the Bar’s major concern relates to the process. In the absence of specific rules of procedure, the sketchy process potentially turns into arbitrariness and a lack of fairness,” she warned.

She recalled that the GBA had, on April 30, 2025, passed a resolution calling for the immediate enactment of clear and comprehensive regulations to guide proceedings under Article 146, especially in cases involving the impeachment or removal of superior court justices. However, no such rules have been put in place.

“The Ghana Bar Association also calls for the immediate enactment of clear and comprehensive regulations relating to matters under Article 146 of the Constitution of the Republic of Ghana. To ensure transparency, accountability, and fairness in all proceedings involving superior court justice,” she said.

She stressed that the absence of these regulations, particularly in the removal of the country’s 4th-highest officeholder, was troubling.

“The lack of an enactment for such rules in the case of the removal of the 4th-highest person in the nation should be a matter of concern for all of us. These rules should have been known to all and sundry before the commencement of the process, as it greatly affects the standard to be met. It ends up being an unfortunate precedent which lacks fairness. A situation that calls for redress if indeed we are custodians of justice.”

Ms. Ghartey further emphasised that justice must be seen to be done, regardless of social or political status.

“We all deserve justice, from the well-endowed in society to the less endowed. From those who hold political power to those who don’t, from those who have economic power to those who don’t, from those who dispense justice to those who receive justice. We all deserve justice,” she said.

Chief Justice Torkornoo was removed from office on Monday, September 1, 2025, in accordance with Article 146(9) of the 1992 Constitution. A statement from the Presidency explained that the decision followed a recommendation by a committee established under Article 146(6) to investigate a petition filed by a citizen, Mr. Daniel Ofori. Her removal took immediate effect.