..Get Chief Justice Torkornoo suspended pending probe
Allegations of financial misconduct, involving the misuse of public funds, a controversial Supreme Court ruling related to Ecobank Ghana Limited, and questionable administrative decisions, have led President John Dramani Mahama, acting on a prima facie determination, to suspend Chief Justice Gertrude Sackey Torkornoo.
However, the central issue, concerns alleged illegal payments made to her two immediate family members: her husband, Francis Kofi Torkornoo, and their daughter, Sarah Edem Amiga Torkornoo.
The payments were documented in an audit report on the judiciary. Auditors are said to have demanded the recovery of a staggering GH¢261,890.00 and US$30,000.00, threatening to impose a hefty surcharge on the Judicial Secretary, should the funds not be repaid. The Chief Justice, is reported to have refunded the money, including an imprest.
President Mahama, has since established a five-member committee, chaired by Justice Gabriel Scott Pwamang of the Supreme Court, to investigate the matter in line with constitutional provisions.
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One of the petitions was filed by Shinning Stars of Ghana. But is unclear, whether the group is behind the petition alleging financial misconduct against the Chief Justice.
The second petition against the Chief Justice, relates to a case filed by one Daniel Ofori against Ecobank Ghana Limited.
In this instance, some justices allegedly felt that, although the complainant had merit, ruling in their favour, would collapse the financial institution.
Consequently, the Chief Justice, was urged to intervene. Justice Jones Mawulor Dotse, a retired Supreme Court judge, is reported to have played a key role in the matter.
The details of the third petition, remain unclear, but it is believed to have been submitted by Ayamga Yakubu Akologo.
Justice Paul Baffoe-Bonnie, appointed to the Supreme Court in June 2008 by former President John Agyekum Kufuor and currently the most senior judge on the bench, will serve as Acting Chief Justice.
His appointment aligns with Article 144(6) of the 1992 Constitution, which stipulates that the most senior Justice of the Supreme Court shall act as Chief Justice in the event of a vacancy or when the substantive Chief Justice is unable to perform their duties.
Following the determination of a prima facie case regarding the three petitions seeking the removal of Chief Justice Torkornoo, President Mahama, suspended her and constituted a five-member committee to investigate the allegations.
The petitions call for her removal on the grounds of “stated misbehaviour” under the 1992 Constitution.
Upon receipt of the petitions, the President referred them to the Council of State for advice on whether a prima facie case had been established.
The Minister for Government Communications, Felix Kwakye Ofosu, issued a press statement on the afternoon of Tuesday, April 22, 2025, confirming that a prima facie case had indeed been found.
“The President has consequently established a committee in compliance with Article 146(6) of the Constitution and in consultation with the Council of State, with the following composition to inquire into the petitions which have been referred to them.”
The committee consists of Justice Gabriel Scott Pwamang – Chairman; Justice Samuel Kwame Adibu-Asiedu – Member (appointed by former President Nana Akufo-Addo); Daniel Yaw Domelevo – Member (former Auditor-General); Major Flora Bazaanura Dalugo (GAF) – Member; and Professor James Sefah Dzisah (University of Ghana) – Member.
Pursuant to Article 146(10) and acting on the Council of State’s advice, the President has, by warrant, suspended the Chief Justice with immediate effect pending the outcome of the committee’s investigations.
A damning audit report on the Judicial Service, alleges that both the current Chief Justice and her predecessor, Justice Anin Yeboah, misused public funds to sponsor luxury family trips, sidelining official security arrangements.
The report, addressed to the Judicial Secretary and titled “Draft Management Letter on the Accounts of the Judicial Service (JS) for the Period January to December 2023”, was conducted under Article 187(2) of the 1992 Constitution and Section 11(1) of the Audit Service Act, 2000 (Act 584).
It reviewed cash management, procurement, transport, payroll and inventory control, asset management, and internal control systems, and evaluated implementation of prior audit recommendations.
The report alleges that Chief Justice Torkornoo, took her husband on a trip to Tanzania, incurring flight costs exceeding GH¢75,000. Shockingly, she reportedly abandoned her official security detail in favour of her spouse.
More troubling still, auditors claim the Chief Justice, received US$14,000, in accountable imprest for the trip and has yet to refund it.
“We noted… that the Service granted accountable imprest amounting to $14,000 to the Honourable Lady Chief Justice… however, the Honourable Lady failed to retire [it],” the report states.
On a separate trip to the United States, the Chief Justice’s daughter allegedly had her ticket upgraded at an additional cost of GH¢9,552.00. Her total ticket cost was GH¢109,482.00, with a per diem of US$10,000.
Former Chief Justice Anin Yeboah, is also implicated. He is alleged to have travelled to the United Kingdom with his wife, Phyllis Ofori, again abandoning official security. Her ticket reportedly cost GH¢68,750.00, with a US$14,000 per diem.
Auditors criticised both judges for “non-adherence to provisions in laws and policies”, warning that such behaviour “could lead to abuse of office and financial loss to the state”.
The Judicial Secretary has been directed to ensure recovery of the funds or risk severe consequences.
An earlier petition submitted by Professor Stephen Kwaku Asare, also known as Kwaku Azar, was dismissed by then-President Akufo-Addo.
The petition, dated Tuesday, December 17, 2024, alleged administrative misconduct and incompetence on the part of Chief Justice Torkornoo.
Citing Article 146(1) of the 1992 Constitution, Professor Asare, a D&D Fellow in Public Law and Justice at CDD-Ghana, explained: “The legal basis of my petition is Article 146(1) of the 1992 Constitution of the Republic of Ghana.
“For the avoidance of doubt, my petition focuses on stated misbehaviour and incompetence related to the Chief Justice’s administrative functions as head of the judiciary responsible for its supervision and administration under Article 125(4) of the Constitution.”
Article 146(1) states that a Justice of the Superior Court or Chairman of a Regional Tribunal may only be removed from office for stated misbehaviour, incompetence, or inability to discharge their duties due to infirmity of body or mind.
He further clarified: “Accordingly, the petition does not challenge any decisions, orders, or directives issued by the Chief Justice in the performance of her duties as a justice of the Supreme Court, including those made to enforce judgments, decrees, or orders in cases she has adjudicated.”
Professor Asare accused the Chief Justice of undermining constitutional principles, particularly regarding judicial appointments. He claimed she had established “an elaborate scheme of requesting the president to appoint specific judges and later presenting the names for the Judicial Council’s approval,” arguing that this “subverts the constitutional scheme and converts both the council and president into rubber-stamping her preferred judges.”
He concluded by calling for a thorough investigation: “When the petition is being considered at any stage, members of the Judicial Council will be subpoenaed to testify on the matter.”
