Audio By Carbonatix
The founder of MountCrest University College and former Director of the Ghana School of Law, Mr Kwaku Ansa-Asare, has declared the removal of former Chief Justice Gertrude Araba Esaaba Torkornoo from her position as a Supreme Court Justice to be without legal foundation.
Speaking at the 8th congregation of MountCrest University College, which saw the graduation of 137 students on Saturday, September 21, Mr Ansa-Asare cautioned the government against setting a dangerous precedent with this decision.
He argued that the constitutional process, as outlined in Article 146 of Ghana's 1992 Constitution, only provided for her removal as Chief Justice, not from her substantive role as a Justice of the Supreme Court.
The legal framework allows for a Chief Justice to be removed for "stated misbehaviour or incompetence", but Mr Ansa-Asare believes this process does not automatically strip a Justice of their membership on the apex court.
"I think that we administered common law rules, obedience of equitable principles. Our law insists not only on common law rules but also on equitable principles," he stated, referring to Articles 11(1)(e) and 11(2) of the Constitution, which he said underscore the importance of equity in Ghana's legal system.
Mr Ansa-Asare urged the government to honourably retire Justice Torkornoo and provide her with all her entitlements, rather than remove her.
Her removal from the Supreme Court, he warned, would set a bad precedent for the judiciary and could be perceived as a politically motivated attack on judicial independence.
Under the Constitution, Supreme Court Justices are required to retire at the age of 70, with an option to retire voluntarily at age 60.
Justice Torkornoo, who was appointed as Chief Justice on June 12, 2023, and was removed from office on September 1, 2025, has not reached the mandatory retirement age.
He reiterated his position: "My advice is that the former chief justice be formally retired as a justice of the Supreme Court so that she can take a hard-earned entitlement."
Justice Torkornoo's removal followed petitions alleging that she misused public funds by authorising unlawful expenditures, including covering travel expenses for her spouse and daughter through the Judicial Service.
A committee, constituted under Article 146(6), investigated the petition and recommended her removal for "misbehaviour", a recommendation that President John Dramani Mahama was constitutionally bound to act on under Article 146(9).
However, critics like Mr Ansa-Asare are now questioning whether the scope of the committee's recommendation and the subsequent presidential action can extend to her removal from the Supreme Court itself, given that the petition was specifically for her removal as Chief Justice.
The debate highlights the intricate and sometimes ambiguous nature of Ghana's constitutional provisions, sparking a wider conversation about judicial independence and the standards of conduct for high-ranking public officials.
Latest Stories
-
71% of HR professionals say they are underpaid — SEDAT report urges action on pay inequity
33 seconds -
Africa’s future depends on moving people, skills and ideas across borders — Dr Yamson
9 minutes -
Bright Future Alliance calls for stronger accountability in public and corporate institutions
10 minutes -
Newsfile to discuss Wontumi’s jail term, Ofori-Atta’s US immigration win, Mid-Year Budget Review
20 minutes -
Apinto chiefs demand equity stake in Gold Fields Tarkwa Mine as lease renewal talks continue
27 minutes -
IJM Ghana trains child protection and justice professionals in trauma-informed care
32 minutes -
Aggrieved assembly members to pass vote of no confidence against Ejisu MCE
37 minutes -
Military reaffirms commitment to peace and national unity ahead of Teshie Homowo celebration
37 minutes -
WAFCON 2026: Black Queens name final 25 players for tournament
46 minutes -
Immigrants contribute 9% to South Africa’s GDP despite making up 6.5% of population — Report
59 minutes -
Komfo Anokye Blood Bank appeals for more donors amid fears of blood shortage due to rising road crashes
59 minutes -
Hollard Insurance launches ‘We Cover You’ campaign to boost Insurance awareness
60 minutes -
DVLA to pilot new digital system in August to end illegal number plate embossing and cloning – CEO
1 hour -
Dominic Nitiwul admits he took on Mahama based on misinformation
1 hour -
“He never let the trappings of power distance him from the people he served” – Bagbin honours Mills’ legacy
1 hour