Torkornoo Removal: Legal Analyst Amanda Clinton Breaks Down Slippery Slope Ghana is On

• Amanda Clinton, a lawyer and legal analyst, raised some concerns with the implications of the removal of Gertrude Torkornoo as chief justice
• Clinton noted similarities to the removal of Charlotte Osei in 2018 from the Electoral Commission
• Mahama received five petitions in all for the removal of Torkonoo after accusations of misconduct and abuse of power

The removal of Gertrude Torkornoo as chief justice is sending Ghana down a slippery constitutional slope, according to Amanda Clinton, a lawyer and legal analyst.

Clinton noted in comments on Torkornoo's historic removal from office that it has opened the door to questions about the independence of the arms of government.

She explained that the doctrine of separation of powers was designed to insulate each branch of government from overreach.

"Yet Ghana’s political history shows repeated attempts by the executive and dominant parties to expand their influence into the Judiciary and independent constitutional bodies."

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It is, in legal terms, the beginning of a slippery slope—if it can happen once, it can happen again, and the precedent will shape how future Chief Justices are treated in office.

Clinton recalled the removal of Charlotte Osei as Electoral Commission chairperson in 2018 and cautioned that we are on the verge of normalising the removal of the leadership of constitutional offices.

In this particular instance, she noted that it could dull the effectiveness of the judiciary.

"...future Chief Justices may weigh political repercussions alongside legal fidelity."

Moving forward, the legal analyst noted the need for clear safeguards in the constitution of committees that assess complaints against holders of such offices.

She also called for independent vetting mechanisms and transparent reporting: findings should be publicly accessible to ensure accountability.

"The removal of a Chief Justice may be constitutionally valid, but it must also pass the higher test of legitimacy in the eyes of citizens. Unless reforms are pursued, Ghana risks sliding into a pattern where judicial heads are treated as political appointments rather than constitutional guardians."

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Why was Torkornoo removed from office?

President John Mahama sacked Chief Justice Gertrude Torkornoo from office on September 1 after he received the report of the committee looking into petitions against her.

The committee recommended Torkornoo's removal because of unlawful expenditure of public funds, abuse of discretionary power, and interference in judicial appointments.

The committee heard evidence from 13 witnesses in favour of one of the five petitions against her.

The committee was chaired by Supreme Court Justice Gabriel Scott Pwamang, who assured that the probe was fair despite contentions from Torkornoo and other critics.

The other members of the committee were former Auditor-General Daniel Yaw Domelevo; Major Flora Bazaanura Dalugo of the Ghana Armed Forces; and Professor James Sefah Dzisah, an Associate Professor at the University of Ghana.

Torkonoo has a lawsuit pending, which demands $10 million in compensation as part of the fight against her impeachment.

Afenyo-Markin reacts to Torkornoo's removal

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YEN.com.gh reported that Minority Leader Alexander Afenyo-Markin criticised the dismissal of Torkornoo.

He described the move as unjust and accused the government of undermining Ghana’s enviable democracy.

Proofreading by Samuel Gitonga, copy editor at YEN.com.gh.

Source: YEN.com.gh