Lawyer Nii Ayikoi Otoo, lead counsel for Ghana’s former Chief Justice, Justice Gertrude Araba Esaaba Sackey Torkornoo, has spoken publicly for the first time on the constitutional and procedural breaches surrounding her removal from office.
He described the process as unconstitutional, unjust, and a dangerous precedent for Ghana’s democracy, urging both the legal fraternity and the wider public to remain vigilant in protecting judicial independence.
The former Attorney-General argued that the circumstances leading to Justice Torkornoo’s removal raise fundamental questions about due process, constitutional safeguards, and the future balance of powers in Ghana’s governance system.
“As lead counsel to the Chief Justice of the Republic of Ghana, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, I feel compelled to speak out on behalf of my colleagues, against a deeply troubling process that has culminated in her removal from office.
“This development raises serious constitutional, procedural, and institutional concerns that demand the urgent attention of the Ghanaian public, legal community, and all stakeholders committed to the rule of law and constitutional democracy”
Lawyer Nii Ayikoi Otoo, Lead Counsel for Justice Gertrude Araba Esaaba Sackey Torkornoo
According to Otoo, the entire process was riddled with irregularities that violated the Constitution and undermined basic principles of fairness. He pointed to constitutional provisions under Article 146, which outline the strict process for removing a Chief Justice.
Otoo argued that those requirements were ignored, citing the failure to provide his client with the prima facie determination of the Council of State, which he said deprived her of the chance to respond adequately.
“The President could only act in accordance with the committee’s recommendation under Article 146(9),” Otoo stressed, further noting that while the petitions were directed at her role as Chief Justice, the President’s warrant extended her removal to her position as a Justice of the Supreme Court, which he described as “unconstitutional overreach.”
He also lamented that addresses filed by the defence team were not considered by the committee before its final report, undermining what he described as the fairness and integrity of the proceedings.
The lawyer criticised the committee for what he called “suppression of key exculpatory evidence.”
He referenced financial records and testimony from the Judiciary Service’s Director of Finance, which he said confirmed long-standing policies on allowances and travel expenses that had been mischaracterised in the allegations against the Chief Justice. These, according to him, were ignored in the committee’s findings.
“It is a grave miscarriage of justice to disregard evidence that completely rebuts the allegations,” he said, adding that citing staff transfers and nominations for promotion as grounds for removal was “absurd” since those duties were constitutionally assigned to the Chief Justice.
Pending Court Actions
Lead Counsel Otoo reminded the public that the matter remains active before the courts, with at least five cases pending at the Supreme Court questioning the constitutional validity of the removal.
He expressed concern over the delays in fixing substantive hearing dates despite the urgency of the matter, noting that only interlocutory issues have so far been addressed. “The judiciary must move with speed on this matter. The stakes for constitutional governance are too high,” he emphasised.
He also noted that two additional petitions are still before the Article 146 committee, which had not completed hearings before the President acted. This, he argued, rendered the removal incomplete and procedurally defective.
The lawyer confirmed that the case has also been taken to the ECOWAS Community Court of Justice, which has adjourned to rule on interim measures. The application seeks suspension of Ghana’s removal proceedings and reinstatement of the Chief Justice with her full entitlements until the substantive case is determined.
Ayikoi Otoo warned that the President’s decision to nominate an Acting Chief Justice as substantive, despite ongoing cases, undermines the integrity of Ghana’s separation of powers.
He revealed that Justice Torkornoo has not been served with the full report of the Article 146 committee despite it being the basis of her removal and insisted that she has a constitutional right to access the findings and reasons against her so that she can pursue remedies.
For him, denying her this access strips her of basic rights that every citizen is entitled to under the Constitution. “She has spent her life serving justice. The least she deserves is the justice the Constitution guarantees all Ghanaians,” Otoo declared.
Dangerous Precedent
The counsel also warned that the removal sets a dangerous constitutional precedent that could embolden political actors to target the judiciary.
According to him, it risks turning the highest judicial office into a revolving door subject to political convenience rather than constitutional procedure. He described this development as an existential threat to judicial independence and Ghana’s democratic framework.
Otoo concluded his statement with a strong appeal to stakeholders, calling on the legal fraternity, civil society, Parliament, and the international community to defend the Constitution.
“The strength of a democracy is tested not when all is well, but when those in power must be held accountable. What has happened is a travesty of legal procedure, and if unchecked, it will erode the foundations of our constitutional democracy”
Lawyer Nii Ayikoi Otoo, Lead Counsel for Justice Gertrude Araba Esaaba Sackey Torkornoo
For him, Justice Torkornoo’s struggle is not about clinging to office but about safeguarding the rule of law and ensuring that future generations inherit a judiciary free from political interference.
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