The suspension of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo on April 22, 2025, by President John Dramani Mahama sent ripples of concern throughout Ghana, raising questions about the potential disruption to the nation’s judicial system. The suspension, which followed a prima facie case established against the Chief Justice based on three separate petitions seeking her removal, prompted public discourse and speculation regarding the future of ongoing cases and the overall functioning of the judiciary. However, Associate Professor Kwadwo Appiagyei-Atua of the University of Ghana School of Law has stepped forward to allay these fears, assuring the public that the 1992 Constitution has robust provisions in place to guarantee the continuity of judicial operations, even during the absence of the Chief Justice.
Professor Appiagyei-Atua, speaking on Eyewitness News, emphasized that the constitutional framework specifically addresses such scenarios. He pointed to the provision that allows for the most senior Supreme Court judge to assume the responsibilities of the Chief Justice in an acting capacity until the matter of the suspension is resolved. This mechanism, he argued, safeguards against any significant disruption in the delivery of justice. The Constitution anticipates potential vacancies or incapacities within the highest judicial office and provides a clear line of succession to maintain the stability and functioning of the court system.
Addressing the specific question of cases presided over by the suspended Chief Justice, Professor Appiagyei-Atua clarified that these cases would fall under the purview of the acting Chief Justice. This ensures that legal proceedings continue without undue delay or interruption. The acting Chief Justice, in this case, Justice Paul Baffoe-Bonnie, assumes the full authority and responsibilities of the office, ensuring that the judicial process moves forward without being hampered by the suspension.
The situation surrounding Chief Justice Torkornoo’s suspension underscores the importance of constitutional safeguards within a democratic framework. The Constitution, by providing a clear process for handling such situations, including the establishment of a prima facie case and the mechanism for appointing an acting Chief Justice, demonstrates its commitment to preserving the integrity and continuity of the judicial system. This process ensures that the administration of justice remains independent and不受阻碍 by external pressures or individual circumstances.
The appointment of Justice Baffoe-Bonnie as acting Chief Justice further solidifies this principle. As the most senior Justice of the Supreme Court, he brings a wealth of experience and expertise to the role, ensuring a smooth transition and maintaining public confidence in the judiciary. His appointment, in accordance with Article 144(6) of the Constitution, legitimizes his authority and reinforces the principle of an orderly succession within the judicial hierarchy.
While the suspension of Chief Justice Torkornoo has undoubtedly generated widespread discussion and concern, experts like Professor Appiagyei-Atua offer reassurance. The constitutional provisions in place, combined with the appointment of a capable acting Chief Justice, provide a framework for maintaining the integrity and functionality of the Ghanaian judiciary. The system is designed to withstand such challenges, ensuring that the pursuit of justice continues unhindered and that public trust in the judicial process remains intact. The focus now shifts to the process of addressing the petitions against Chief Justice Torkornoo, with the assurance that the judiciary will continue to operate effectively under the leadership of Acting Chief Justice Baffoe-Bonnie.
