Prominent legal practitioner Thaddeus Sory has weighed in on the removal of the Chief Justice Gertrude Araba Torkonoo, arguing that while judicial independence is a cornerstone of Ghana’s Constitution, it must not be misconstrued as immunity from accountability.
In a statement shared on his social media platform on September 6, 2025, titled “Judicial Independence or Judicial Impunity [Impudence],” Sory defended the legality of the process that led to the Chief Justice’s removal, dismissing claims of executive interference.
He emphasised that the Constitution allows for such action under clear provisions.
Sory stressed that the removal of a Chief Justice is explicitly provided for under Article 146(6)– (10) of the 1992 Constitution.
The grounds include misbehaviour, incompetence or inability to perform duties.
“The fact that it is the President who establishes a committee under article 146(6) … does not necessarily imply executive interference in the affairs of the Judiciary,” part of his statement said.
He further dismissed criticisms of the process as unfounded, saying, “No matter what noises were made, the law is the law… to make it complete.”
Responding to debates over whether the allegations against the Chief Justice constituted “misbehaviour,” Sory argued that the Constitution does not define the term but allows for interpretation based on legal precedent.
Citing the Agyei Twum case, he explained that acts such as “manipulating the justice system” or “promoting the prostitution of the system” clearly fall within the ambit of misbehaviour.
“The question… can only be whether the acts amount to misbehaviour within the meaning stated in the dictionary or not,” he wrote.
One of the key allegations against the Chief Justice involved alleged financial misappropriation tied to Article 71 privileges.
Sory argued that the petitioner’s claim that the Chief Justice’s family benefited from privileges reserved for the Chief Justice alone raised constitutional concerns.
He questioned whether a violation of the Constitution could ever be considered minor, referencing the Chief Justice’s own caution to the Speaker of Parliament in a prior ruling on constitutional violations.
“It is completely fallacious to argue… that a Chief Justice’s conduct in the administration of the Judiciary can never ever be construed as stated misbehaviour or incompetence within the meaning of article 146(1).”
He added, “The Constitution acknowledges judicial independence but does not tolerate impunity. I think there is a level of impudence that has seized some; let the Constitution whip them back in line.”
President John Dramani Mahama, in accordance with Article 146(9) of the 1992 Constitution, has removed Justice Gertrude Torkornoo from office with immediate effect.
The decision follows the receipt of the report of the Committee of Inquiry established under Article 146(6) of the Constitution to investigate a petition submitted by a Ghanaian citizen, Daniel Ofori, calling for the removal of the Chief Justice.
AM/SEA
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