Former Special Prosecutor Martin Amidu has stated that former Chief Justice Gertrude Araba Torkornoo was lawfully removed from office on September 1, 2025, as both Chief Justice and Justice of the Supreme Court.
Amidu has dismissed Torkonoo’ s legal challenge as inconsistent with established constitutional law, pointing to the Supreme Court’s landmark decision in Agyei Twum v Attorney-General & Akwetey [2005-2006] ruling.
“The removal of the Chief Justice pursuant to Articles 146(1), (3), (6), (7), (8) and (9) is coterminous with the removal of the Chief Justice as a Justice of the Superior Court under Article 146 of the 1992 Constitution,” he argued in a statement on September 22, 2025.
Chief Justice Gertrude Torkornoo sacked
“It will be the height of absurdity to suggest that a Chief Justice whose grounds for removal are the same as those of other Justices of the Superior Court retains her position after removal.”
Amidu also emphasised that the precedent set in the Agyei Twum case leaves no room for ambiguity.
“The Supreme Court made it clear that administrative acts of the Chief Justice are not immune from challenge in an impeachment process. It is therefore unacceptable to exclude, a priori, all administrative acts of the Chief Justice from scrutiny as possible evidence of stated misbehaviour,” he said.
Drawing on history, Amidu compared Torkornoo’s removal to that of Sir Arku Korsah in 1963, and to the judicial career of Edward Akufo-Addo, who went on to become President.
He noted that those figures left legacies of legal distinction, while, in his view, Torkornoo “has left no comparable distinction or learning as a Justice of the Superior Court or as Chief Justice.”
Amidu further warned against what he described as attempts to politicise a straightforward constitutional process.
“The simple petitions for the removal of the Chief Justice were being politicised by the political party that appointed her as Chief Justice as part of a political process of attacking the governing party,” he wrote.
He accused Torkornoo and her supporters of resorting to what he called “lawfare” to prolong the controversy, adding, “Her interest appears to be to prolong by politicising her removal through the process of lawfare in the hope that she can reap benefits, including the continued use of the title Her Ladyship Justice Gertrude Araaba Esaaba Sackey Torkornoo.”
He added, “President Mahama, nominate a new Chief Justice for approval by Parliament without any further delay, while your Attorney-General gets the frivolous, vexatious and abusive application of the court process by Torkornoo thrown out of court soonest in the interest of national security and the supremacy of the 1992 Constitution. Ghana First!”
Her removal followed the recommendation of a committee appointed by the President in consultation with the Council of State to investigate a petition brought against her for stated misbehaviour under Article 146 of the 1992 Constitution.
Despite this decision, Torkornoo has filed an application for judicial review at the High Court, arguing that the President overstepped his authority.
In her affidavit, she maintained that “the President did not have the power to remove me as a Justice of the Supreme Court of Ghana on account of lack of consideration of a petition to remove me from office as a justice of the Superior Courts, lack of jurisdiction in the committee, and lack of a process for my removal from office as a Justice of the Superior Courts.”
She further insisted that “removal as a Chief Justice does not imply automatic removal as a Justice of the Superior Court, which includes the Supreme Court,” describing the warrant issued by the President on September 1 as “illegal, null, void and of no effect.”
Meanwhile, President John Dramani Mahama has named Paul Baffoe-Bonnie as the new Chief Justice of Ghana pending approval from Parliament.
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