Gertrude Torkornoo has been suspended by President Mahama
Suspended Chief Justice Gertrude Torkornoo has accused the committee probing her removal of subjecting her legal team to a “blind process,” likening their experience to the biblical magicians forced to interpret King Nebuchadnezzar’s undisclosed dream.
Addressing the press on Wednesday, June 25, 2025, she described the Article 146 proceedings as unconstitutional, secretive, and fundamentally flawed.
She argued that her lawyers have been denied access to the original petitions, the President’s prima facie determination, and other critical documents, yet are expected to cross-examine witnesses and mount a defence.
“Like Nebuchadnezzar’s situation, in which he demanded that the magicians in his court tell him his dream and also interpret it, my lawyers are left to guess which allegations in the petitions are the subject matter of the testimonies being given,” she said.
Justice Torkornoo lamented that since the hearing began on May 23, 2025, the committee has refused to provide her with the documents that triggered the inquiry.
“The petitioners are not testifying, they are not being cross-examined, but they are allowed to issue subpoenas. This is not law. This is something else,” she added, raising concerns over the committee’s procedure.
She also criticised the use of litigation-style rules under CI 47 instead of the established inquiry procedures under CI 65, and questioned the choice of venue—the Adu Lodge—which she said carries symbolic weight due to its historical association with the murder of judges.
“These proceedings are not just irregular; they are unprecedented,” she said. “This is a model of injustice I would never have thought possible had I not experienced it,” she stated.
She confirmed that her legal team has filed for judicial review at the High Court to annul the entire process.
“This total absence of compliance with all known rules of fair hearing cannot stand. It is not just about me; it is about the future of every judge and every public official protected by the Constitution,” she lamented.
Following the determination of a prima facie case in the three petitions seeking her removal, President John Dramani Mahama suspended her and set up a five-member committee to inquire into the allegations.
The Supreme Court has unanimously dismissed her application for an interlocutory injunction against the committee established by President Mahama to investigate her conduct.
In addition to rejecting her injunction application, the Court also unanimously struck out a supplementary affidavit filed by Justice Torkornoo.
The Court held that the affidavit disclosed confidential information that should have remained sealed in accordance with Article 146 of the 1992 Constitution, which outlines the procedures for the removal of a Chief Justice or other superior court judge.
JKB/KA
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