Torkornoo vs The Republic: Deputy AG Defends Chief Justice's Removal in Closing Arguments
- Deputy Attorney General Justice Srem-Sai has defended the Council of State’s prima facie determination against former Chief Justice Gertrude Torkornoo
- The Supreme Court is hearing a case filed by Theodore Atta-Quartey, who claims the determination for Torkornoo’s removal was unconstitutional
- Torkornoo was removed after a committee found she engaged in misconduct, including misuse of public funds and abuse of power
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The Deputy Minister for Justice and Attorney General (AG), Justice Srem-Sai, has reportedly defended the determination of a prima facie case against the removed former Chief Justice, Gertrude Araba Torkornoo.
In the statement of case filed at the Supreme Court to challenge the determination of a prima facie case against the sacked Chief Justice, Srem-Sai argued that the Council of State did no wrong in its decision.
Source: UGC
The plaintiff in the case, Theodore Kofi Atta-Quartey, reportedly argued that the prima facie determination for the petitions filed for the removal of Gertrude Torkornoo was unconstitutional.
Atta-Quartey consequently asked the Supreme Court to declare the Council of State's determination of a prima facie case for the removal of the sacked Chief Justice as unconstitutional, arguing that there is no constitutional instrument that regulates such a determination.
In response to this, the Deputy Attorney General argued that the determination of a prima facie case is a policy decision which must not suffer judicial review by the Supreme Court.
He, therefore, pleaded with the Apex Court to dismiss the plaintiff's case, challenging the Council of State's determination of a prima facie case in the petitions filed for Gertrude Torkornoo's removal.
"The absence of a constitutional instrument to regulate the exercise of discretionary power under Article 146 of the 1992 Constitution does not nullify the exercise of such power," he argued.
Why was Torkornoo removed as Chief Justice?
Gertrude Torkornoo's removal followed recommendations by a five-member committee established under Article 149 of the 1992 Constitution of Ghana to probe a petition filed against her.
The process for Torkornoo's dismissal began after a petition dated March 17, 2025, was submitted to the president by a Ghanaian citizen, Daniel Ofori, who sought her removal on grounds of misconduct and stated misbehaviour.
As a result of this, President Mahama suspended her after a prima facie case was established by the Council of State in response to three petitions calling for her removal.
Following this, a five-member investigative committee was set up by the president to probe the petitions filed for the Chief Justice's removal.
Upon completion of its work, the investigative committee found that grounds of stated misbehaviour had been established following its probe.
Gertrude Torkornoo was found to have engaged in unlawful expenditure of public funds, abuse of discretionary power, and interference in judicial appointments.
For the unlawful expenditure of public funds, she authorised the Judicial Service to cover travel expenses and per diem allowances for her husband and daughter during private holiday trips in 2023.
The committee recommended the removal of Gertrude Torkornoo as the Chief Justice of the Republic of Ghana in its final report presented to President Mahama.
Source: Facebook
Baffoe-Bonnie sworn in as new Chief Justice
Meanwhile, YEN.com.gh reported that Paul Baffoe-Bonnie was sworn in as Ghana's new Chief Justice by President John Mahama.
Baffoe-Bonnie has been Acting Chief Justice since April 22, 2025, following the suspension and dismissal of Gertrude Torkornoo.
Mahama urged him to strengthen integrity within the Judiciary as he assumed the position of Chief Justice.
Source: YEN.com.gh
