The role of the Chief Justice in Ghana's judicial system is paramount, representing the highest judicial office in the country. The recent suspension of Ghana’s Chief Justice Gertrude Torkornoo marks a pivotal moment in the country’s judicial history, raising critical questions about institutional independence in a nation often celebrated as West Africa’s democratic exemplar. This development challenges assumptions about Ghana’s ability to shield its judiciary from political interference.
At the same time, it highlights the broader challenges that new governments face when attempting to reform judiciaries they perceive to have failed to defend democracy, or to be politically bias, after winning power.
Historical Context
The Supreme Court Ordinance of 1876 ended the 10-year absence of a Supreme Court, establishing a Supreme Court of Judicature for the Gold Coast Colony. The court consisted of the chief justice and not more than four puisne judges. This led to the appointment of the first chief justice, Sir David Patrick Chalmers by the British colonial authorities in 1876. The nature of the office of chief justice evolved with the years. The Supreme Court consists of the chief justice and at least nine other judges. The chief justice is the chairman of the Judicial Council of Ghana. The council is expected to propose judicial reforms to the Ghana government to help improve the level of administration of justice and efficiency in the Judiciary.
Since gaining independence in 1957, the country’s judicial system has faced recurring challenges involving political interference. This politicization can be traced through several distinct periods.
Periods of Political Interference
- Nkrumah Era (1957-1966): The courts actively aided the executive and legislature in undermining democracy, leading to the total neglect of the rule of law. Nkrumah’s regime was eventually overthrown by the military in 1966, partly due to his flagrant abuse of individual rights and liberties.
- Military Rule and Rawlings Era: The most dramatic example of political interference was witnessed during Ghana’s military rule and the Rawlings era. Under the Provisional National Defence Council (PNDC) led by Rawlings, three High Court judges and a retired army major were abducted and murdered.
- Multi-Party Democracy (1992-Present): Since Ghana returned to multi-party democracy in 1992, the judiciary has operated within a constitutional framework that guarantees its independence in theory. The Constitution enshrines the independence of the judiciary from both the executive and the legislature.
For example, when sitting as a Supreme Court judge on the presidential election petition between the two parties, Justice Annin Yeboah (the former Chief Justice of Ghana, 2020-2023) delivered the most far-reaching dissenting opinion, calling for a total rerun of Ghana’s 2016 presidential elections, which the NPP had lost under the candidacy of Nana Addo Dankwa Akufo-Addo. Eventually, when the NPP won power, Yeboah was appointed Chief Justice. Together with the current suspended Chief Justice, former President Akufo-Addo appointed around sixty new judges to various positions within the Ghanaian judiciary.
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Justice Gertrude Torkornoo: Appointment and Suspension
In June, Her Ladyship Justice Gertrude Araba Esaaba Torkornoo was sworn in as the Chief Justice of Ghana. She completed her Master of Arts in Development Studies in 2001, specializing in international law and organizational development. Justice Torkornoo was nominated to the Office of Chief Justice in April and is now the third woman to hold the position in Ghana's history. She served in the Supreme Court in 2019 as a Justice and the Supervising Judge of the Commercial Courts in Ghana.
Justice Gertrude Torkornoo, along with Justice Mariama Owusu and Justice Avril Lovelace-Johnson, were sworn into office at a ceremony presided over by President Nana Akufo-Addo on Tuesday 17 December 2019. The justices, who were elevated from the Court of Appeal, took the Oath of Allegiance, the Judicial Oath, and the Oath of Secrecy. President Akufo-Addo urged her and her colleagues to uphold the law diligently and impartially, without any bias based on political, religious, or ethnic affiliations.
In light of the impending retirement of the then Chief Justice Kwasi Anin-Yeboah on 24 May 2023, Torkornoo was nominated for the position of Chief Justice of Ghana by President Nana Akufo-Addo on 26 April 2023. Torkornoo was sworn into office as the 15th Chief Justice of Ghana on 12 June 2023, by President Nana Akufo-Addo at the Jubilee House.
President Mahama suspended Chief Justice Torkornoo in April 2025 following three misconduct petitions, marking the first time in Ghana’s history that a sitting chief justice had been suspended. The country’s apex court, the Supreme Court, later upheld the suspension in May 2025. It is important to note that prior to her current suspension, former President Akufo-Addo dismissed a petition for her removal on the basis of allegations of misconduct and incompetence due to a lack of sufficient evidence. However, things are different this time.
The current petition, which is based on similar allegations of misconduct and misbehaviour, prompted the President to establish a committee to investigate the claims, as outlined in the Ghanaian constitution. A five-member committee was formed to investigate the allegations, as mandated by Article 146 of the Constitution, after Ghana’s Council of State found “prima facie” evidence against her.
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However, during a press conference, she contested the fairness and legality of the committee’s proceedings, revealing that the committee had failed to articulate the specific allegations against her. This had hindered her ability to prepare a proper defence. Members of the opposition in parliament have questioned the process, arguing that the president is attempting to influence the judiciary by removing the chief justice.
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Although the Constitution empowers the President to appoint the Chief Justice and other Supreme Court judges with the advice of the Council of State, the recent suspension of the Chief Justice has sparked debate about its constitutionality. Some argue that the President has the power to do so, while others claim that due process was not followed. The lack of a detailed explanation for the suspension has only served to intensify concerns about the politicization of judicial processes.
The discovery and sharing of prima facie evidence of wrongdoing on Justice Torkornoo’s part would validate the need for further investigation. Until it is provided, scholars, civil society groups, and the country’s democracy community will remain deeply concerned about the secretive nature of the petition’s contents.
The current chief justice is in an acting capacity since April 2025. He is Paul Baffoe-Bonnie. He became acting chief justice following the suspension of Gertrude Torkornoo. He has subsequently been nominated in September 2025 as the next chief justice.
Key Figures in Ghana's Judiciary
Ghana's judicial history is marked by several prominent figures who have shaped its legal landscape. Here are some notable Chief Justices:
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- Sir David Patrick Chalmers: The first Chief Justice appointed in 1876.
- Kwasi Anin-Yeboah: Served as Chief Justice from 2020 to 2023.
- Georgina Theodora Wood: The first woman to be appointed Chief Justice of Ghana.
- Gertrude Araba Esaaba Torkornoo: Served as Chief Justice from 2023 to 2025, before her suspension.
- Paul Baffoe-Bonnie: The current acting Chief Justice since April 2025.
Conclusion
Regardless of the eventual outcome of that appeal, the substantive merits of this case must take precedence - and be seen to take precedence - so that we are not left with the troubling optics of one political faction removing a chief justice appointed by their opponents simply to replace them with someone who may be more loyal.
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