Bye-Bye Torkornoo

Prof. Stephen Kwaku Azar, a prominent US based Ghanaian lecturer based has submitted a petition to President Akufo-Addo, to axe Ghana’s visibly partisan Chief Justice, Gertrude Esaaba Sackey Torkornoo from her position.

As a distinguished KPMG Professor of Accounting at the University of Florida, Azar accuses the third female Chief Justice of the 4th Republic of misbehavior and incompetence.

His petition, dated Tuesday, December 17, highlights alleged administrative and constitutional breaches by the Chief Justice, prompting the call for her dismissal to uphold the integrity of the Judiciary.

Citing Article 146 (1) of the 1992 Constitution of Ghana, Azar’s petition underscores Torkornoo’s stated misbehaviour and incompetence in her administrative role as the head of the judiciary responsible for its supervision and administration, as outlined in Article 125 (4) of the Constitution.

While physically distant, Azar, a D&D fellow in Public Law and Justice at the Centre for Democratic Development (CDD-Ghana), has remained actively engaged in shaping discussions on national matters within Ghana.

Despite President Akufo-Addo having only three weeks remaining in office before the end of his term, the petition has sparked varied reactions, with many showing support for Azar’s initiative.

Justice Torkornoo assumed office as the Chief Justice in June 2023, succeeding Justice Kwasi Anin-Yeboah.

However, her tenure has been marred by criticisms, particularly surrounding certain decisions she has made, including the recent controversies in Parliament over vacant seats and the handling of an anti-LGBTQ petition.

Azar clarifies that his petition is not a challenge to any judicial rulings issued by Torkornoo in her capacity as head of the Supreme Court.

Instead, his focus remains on the alleged breach of administrative functions that warrant her removal from office. According to Article 146 of the Constitution, the removal of a Chief Justice can only be justified on grounds of stated misbehaviour or incompetence.

Azar raises concerns about Torkornoo’s perceived interference in judicial appointments and the reconstitution of judicial panels, which he argues undermine the impartiality and independence of the judiciary.

In the event that a prima facie case is established against the Chief Justice, a committee comprising two Justices of the apex Court, one appointed as Chairman by the President, and three other non-political or legal personalities will be tasked with investigating the matter.

The President will be legally obligated to act based on the committee’s recommendations.

Notably, in 2021, a petition seeking the removal of then Chief Justice Kwasi Anin Yeboah was dismissed. Should the current petition progress, a similar process will be followed to determine the Chief Justice’s fate.