Accra, Ghana – In a groundbreaking decision that has rocked Ghana’s legal scene, President John Dramani Mahama put Chief Justice Gertrude Araba Esaaba Sackey Torkornoo on leave on April 22, 2025. This momentous action—the first time a Supreme Court chief justice has been suspended under Ghana’s 1992 Constitution—has sparked a nationwide discourse on how to balance accountability with judicial freedom in one of West Africa’s most stable democracies.
The suspension came after a prima facie case was established against Torkornoo based on three separate complaints alleging corruption and wrongdoing. These complaints came from different sources: a regular citizen, a police officer, and a community group called Shining Stars of Ghana.
Working within the rules of Article 146, President Mahama talked with the Council of State and picked a five-member investigative team led by Supreme Court Justice Gabriel Scott Pwamang. The team’s respected members include former Auditor-General Daniel Yaw Domelevo and Professor James Sefah Dzisah. Torkornoo’s suspension started right away while the team looks into the matter.
On May 13, 2025, NDC General Secretary Fifi Fiavi Kwetey stood up for the government’s stance during his appearance on JoyNews’ PM Express. The Ketu South MP stressed the idea that the law applies to everyone—even the Chief Justice.
“Freedom and justice are at the heart of this country,” Kwetey said. “If the person in charge of our country’s justice can’t follow the law then we need to start fixing things at the top.”
Kwetey dismissed claims of political motives expressing his trust in the Council of State’s honesty. “I believe these are good people who won’t just go after someone for no reason,” he stated, while also supporting President Mahama’s approach to the situation.
The suspension has faced strong opposition from the New Patriotic Party (NPP), who call it a “judicial coup.” On May 5, 2025, the NPP teamed up with smaller parties—including the Liberal Party of Ghana and People’s National Party—to hold protests in Accra calling for Torkornoo to return to his position right away.
NPP National Organiser Henry Nana Boakye slammed the suspension as “blatant disregard for constitutional order” and “reckless abuse of executive discretion.” People have connected the action to Mahama’s campaign promise to “balance” the judiciary raising worries about executive overreach.
Legal groups have stepped into the debate with careful responses focusing on constitutional principles. The Ghana Bar Association urged strict adherence to rule of law pointing out Article 296 of the Constitution, which governs discretionary powers.
The Commonwealth Lawyers Association brought in an international view mentioning the Latimer House Principles on judicial removal and referring to the Privy Council’s ruling in Chief Justice of Gibraltar case. This precedent states that judicial removal must have justification by conduct that weakens public trust in the judge’s ability to do their job.
The debate hits at the core of Ghana’s separation of powers doctrine. As NPP Communications Director Richard Ahiagbah warned, “If you touch the judiciary, you unravel the democracy.”
But those who back the suspension, including a group under the Third Force Alliance-Ghana, see it as necessary. At a May 6 press conference, they praised Mahama’s decisiveness while suggesting changes such as setting up a Judicial Integrity Commission to shield the judiciary from executive influence.
The case has split public sentiment along political lines. Some citizens view the suspension as a bold anti-corruption measure aligned with Mahama’s Operation Recover All Loot (ORAL) initiative. Others see a dangerous precedent that threatens democratic institutions.
Red-and-black-clad protesters have taken to the streets, with one demonstrator expressing alarm at what they perceive as an attack on the judiciary. Meanwhile, legal challenges mount, with Old Tafo MP Ekow Vincent Assafuah filing a Supreme Court action contesting the constitutionality of the suspension process.
For the international community, Ghana’s handling of this constitutional crisis serves as a critical test of its democratic resilience. The country has long stood as a beacon of stability in a region plagued by political instability and authoritarianism.
Nigerian Senator Shehu Sani has drawn comparisons to Nigeria’s own 2019 issue when former President Muhammadu Buhari suspended Chief Justice Walter Onnoghen bringing attention to regional worries about judicial freedom.
As the investigative team starts its task, Ghana must balance accountability with judicial independence—a process that will shape public confidence in its democratic systems and determine if justice can prevail at the highest levels of power.
