The removal of former Chief Justice Gertrude Torkornoo has been a subject of intense national debate, but retired Supreme Court judge Justice William Atuguba has come out in strong support of the decision.
In an exclusive interview on JoyNews’ The Pulse, Justice Atuguba argued that the former Chief Justice’s removal was a necessary consequence of upholding the fundamental constitutional values of accountability, probity, and transparency.
Justice Atuguba’s comments directly address the core of the controversy: whether the misapplication of public funds, a reason for the former CJ’s removal, was sufficient grounds to terminate her appointment.
According to him, it is an entirely justifiable action.
“It’s a plausible view, but that doesn’t make it necessarily wrong to remove her on that account, because accountability, probity and transparency are the cornerstones of our Constitution,” Justice Atuguba stated.
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His position is rooted in the principle that the judiciary, the very institution charged with enforcing these values, must hold its head to the highest standard.
A 2024 Afrobarometer report highlighted a significant decline in public trust in the judiciary, with a staggering 62% of Ghanaians expressing little to no trust. Against this backdrop, Justice Atuguba’s comments highlight the urgent need for judicial integrity to be seen as a non-negotiable principle.
The retired judge drew a stark parallel between the former Chief Justice’s actions and the fate of others who have been found guilty of similar offences.
He referenced cases where individuals have been criminally prosecuted and jailed for causing financial loss to the state, arguing that the head of the judiciary should not be exempt from such consequences.
“People have been jailed for misapplication of funds, causing financial loss… so I don’t see how similar conduct when it affects lesser individuals or persons not as exalted as the CJ; they can be subjected to serious consequences, even criminal sanctions.”
The specific allegations against the former Chief Justice included the use of public funds for personal international trips with family members, including travels to Tanzania and the United States, and the payment of per diem to them.
Justice Atuguba emphasised the seriousness of this conduct, noting that the amount involved was “not to a negligible extent.”
He further cautioned that had the financial misconduct not been discovered, it could have continued for the remainder of Justice Torkonoo’s term.
The former Chief Justice had approximately eight more years to serve before her mandatory retirement.
“Now look at it; assuming this state of affairs were not discovered, it would have continued, if this person is there for how many years? I think she has eight years or more to her credit; it could have increased.”
The former Chief Justice was removed from office on September 1, 2025, following the recommendation of an Article 146 Committee of Inquiry, which found her guilty of “stated misbehaviour”.
The constitutional provision, Article 146 (1), is a key procedural safeguard that ensures judicial officials are not removed from office except on grounds of “stated misbehaviour or incompetence”.
Justice Atuguba’s comments, therefore, provide a significant legal and ethical justification for the removal, arguing that the precedent set is not an act of political vengeance but a vital measure to restore public faith in Ghana’s accountability system.