Amanda Clinton is an international and constitutional lawyer
International and constitutional lawyer Amanda Akuokor Clinton has raised four pressing constitutional questions following the removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
On Monday, September 1, 2025, President John Dramani Mahama removed Chief Justice Torkornoo from office with immediate effect on grounds of stated misbehaviour.
This action followed recommendations from a constitutional committee established under Article 146 of the 1992 Constitution.
In an opinion piece cited by GhanaWeb, Clinton described the former Chief Justice’s removal as a slippery slope that could undermine the separation of powers, one of Ghana’s most fundamental democratic safeguards.
She noted that Torkornoo’s removal marks a defining moment in Ghana’s constitutional history, adding that “if it can happen once, it can happen again.”
“At the heart of Ghana’s constitutional framework is the doctrine of separation of powers. Under the 1992 Constitution, the President, the Speaker of Parliament, and the Chief Justice are co-equal in status as heads of the Executive, Legislature, and Judiciary respectively. Each is designed to be independent of the other, with checks and balances preserving the delicate equilibrium of our democracy,” she said.
Here is why Chief Justice Torkonoo was removed
Four key questions raised by Amanda Clinton
1. What precedent does this set?
The doctrine of separation of powers was designed to insulate each branch of government from overreach. Yet Ghana’s political history reveals repeated attempts by the Executive and dominant parties to expand their influence into the Judiciary and other independent constitutional bodies. The removal of the Electoral Commission Chair in 2018, and now the Chief Justice risks normalising such interventions. The precedent is clear: constitutional offices once thought untouchable can be vacated mid-tenure. This may chill judicial independence, as future Chief Justices could weigh political repercussions alongside legal fidelity.
2. Was the committee’s constitution compromised?
Article 146(9) provides for a committee of inquiry, but questions remain about whether the composition in this case was beyond reproach. Critics point to potential conflicts of interest, for instance, former Auditor-General Daniel Domelevo, who himself challenged his removal, played a role that some argue compromised the perception of impartiality. Even if lawful, the appearance of bias can erode public confidence. Judicial independence demands not only fairness but also the perception of fairness.
3. Does the ECOWAS court matter?
The former Chief Justice has filed a case before the ECOWAS Court of Justice. While its rulings are binding on member states, enforcement has often been inconsistent. A decision in her favour could expose Ghana to international reputational damage, especially as a country long regarded as a democratic model in West Africa. The irony of a Chief Justice successfully challenging her own removal abroad would be politically costly even if the ruling is ignored domestically.
4. What needs to change?
To avoid recurring controversy, Clinton recommends the following reforms:
-Clearer safeguards in the composition of Article 146 committees, excluding individuals with potential conflicts of interest.
-Independent vetting mechanisms, possibly involving the Judicial Council or Ghana Bar Association, to enhance credibility.
-Transparent reporting: committee findings should be publicly accessible to ensure accountability.
– Cultural restraint: constitutional powers must be exercised sparingly, with political actors recognising that judicial stability is a national not partisan interest.
According to Clinton, while the removal may be constitutionally valid, it must also pass the higher test of legitimacy in the eyes of citizens.
She warned that unless reforms are pursued, Ghana risks sliding into a pattern where judicial heads are treated as political appointments rather than constitutional guardians.
SP/MA
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