The Republic of Ghana has initiated formal proceedings to investigate allegations of misconduct against Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, leading to her suspension from office. President John Dramani Mahama, acting in accordance with Article 146(6) of the 1992 Constitution, established a five-member committee to examine the petitions filed against the Chief Justice. This action follows a preliminary assessment that determined a prima facie case exists, warranting further investigation. The President’s decision underscores the commitment to upholding judicial integrity and accountability within Ghana’s constitutional framework.
The composition of the committee reflects a blend of legal expertise, military representation, and academic scholarship. Justice Gabriel Scott Pwamang, a Justice of the Supreme Court, has been appointed to chair the committee, bringing extensive judicial experience to the proceedings. He is joined by Justice Samuel Kwame Adibu-Asiedu, also of the Supreme Court, further bolstering the committee’s legal acumen. The inclusion of Major Flora Bazaanura Dalugo of the Ghana Armed Forces signifies the importance of maintaining impartiality and upholding national interests in this sensitive matter. Professor James Sefah Dzisah, an Associate Professor at the University of Ghana, contributes academic rigor and an independent perspective to the investigative process. Finally, and significantly, former Auditor-General Daniel Yao Domelevo, known for his unwavering commitment to accountability and transparency, rounds out the committee, adding his considerable experience in investigating financial and administrative impropriety.
The selection of Mr. Domelevo is particularly noteworthy given his past role as Auditor-General. His tenure was marked by rigorous audits of public institutions, including the judiciary, and a strong stance against corruption. His inclusion in the committee signals the seriousness with which the allegations against the Chief Justice are being treated and reinforces the expectation of a thorough and impartial investigation. Mr. Domelevo’s reputation for independence and his willingness to challenge powerful figures suggest that the committee will not shy away from uncovering any potential wrongdoing.
The Chief Justice’s suspension, effective immediately, is a procedural step outlined in Article 146(10) of the Constitution. It is a precautionary measure designed to protect the integrity of the investigation and prevent any potential interference with the proceedings. The suspension is not a preemptive judgment of guilt but rather a necessary step to ensure a fair and unbiased inquiry. The Chief Justice’s tenure will remain suspended pending the outcome of the committee’s investigation and the subsequent recommendations presented to the President.
The process leading to the establishment of the committee and the Chief Justice’s suspension has been conducted in accordance with constitutional provisions. The President’s decision to form the committee followed the advice of the Council of State, a constitutionally mandated body that advises the President on matters of national importance. This consultation underscores the commitment to due process and ensures that the investigation proceeds within the bounds of the law. The formal announcement of the appointments and the suspension was conveyed through a statement from the Presidency, signed by Felix Kwakye Ofosu, Minister of State in Charge of Government Communications, maintaining transparency and informing the public of these significant developments.
The investigation into the allegations against Chief Justice Torkornoo carries significant weight for Ghana’s judicial system. It represents a critical test of the country’s commitment to upholding the rule of law and ensuring accountability at the highest levels of government. The outcome of the investigation will undoubtedly have far-reaching implications for the future of the judiciary and public trust in the institution. The committee’s findings and recommendations will be closely scrutinized, not only within Ghana but also by international observers who monitor judicial independence and the fight against corruption. The hope is that the process will be conducted with utmost integrity and transparency, ultimately strengthening the foundations of Ghana’s democratic governance.
