Founder of MountCrest University College and former Director of the Ghana School of Law, Mr Kwaku Ansa-Asare, has called on the government to retire former Chief Justice Gertrude Araba Esaaba Torkornoo honourably, instead of removing her from the Supreme Court bench entirely, a move he describes as unlawful and dangerous for Ghana’s judiciary.
Speaking at the 8th congregation of MountCrest University College on Saturday, September 21, where 137 students graduated, Mr Ansa-Asare strongly cautioned against what he termed a breach of constitutional procedure in the handling of Justice Torkornoo’s exit.
He explained that while Article 146 of the 1992 Constitution provides a clear process for the removal of a Chief Justice on grounds of “stated misbehaviour or incompetence,” the same provision does not automatically strip the individual of their substantive role as a Justice of the Supreme Court.
“The proper and lawful course of action is for the former Chief Justice to be formally retired as a Justice of the Supreme Court, with all her hard-earned entitlements.
Anything less sets a bad precedent and undermines the very foundation of our judicial independence,”
Mr Ansa-Asare asserted.
He further drew attention to Articles 11(1)(e) and 11(2) of the Constitution, which, according to him, emphasise the application of equity alongside common law principles in Ghana’s legal system.
Justice Torkornoo was appointed Chief Justice on June 12, 2023, but was removed from office on September 1, 2025, following a petition alleging misuse of public funds. The petition accused her of authorising unlawful expenditures, including travel expenses for her spouse and daughter, which were paid for by the Judicial Service.
A committee established under Article 146(6) investigated the matter and recommended her removal for misbehaviour. Under Article 146(9), President John Dramani Mahama was constitutionally bound to act on the committee’s recommendation, leading to her dismissal.
However, Mr Ansa-Asare insists that the committee’s work and the presidential directive were specific to her role as Chief Justice, not her position as a Supreme Court Judge.
“Removing her completely from the Supreme Court bench without following due constitutional process is not only unlawful but also risks politicising the judiciary,” he warned.
Under Ghana’s Constitution, Supreme Court Justices are expected to retire at age 70, with the option for voluntary retirement at 60. Justice Torkornoo has not reached either threshold, making her outright removal problematic in Mr Ansa-Asare’s view.
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He urged the government to reconsider its position and ensure Justice Torkornoo is retired with dignity, stressing that such an approach would protect both the integrity of the judiciary and public confidence in the rule of law.
“We must be guided by both law and equity. Let us not create a precedent that will haunt our judiciary in the years to come”, he concluded.
Read Also: Torkornoo challenges her removal as Justice of the Supreme Court
His call comes after the former Chief Justice, Justice Gertrude Torkornoo, filed a court action challenging her removal as a Justice of the Supreme Court by President John Dramani Mahama.
In a judicial review application filed at the High Court, Justice Torkornoo contends that her removal as a Justice of the Supreme Court was unlawful, as the recommendation for her removal was in respect of her office as the Chief Justice, which followed a procedure completely different from that of the removal of a Justice of the Supreme Court.
Reliefs
The former Chief Justice is therefore seeking an order of certiorari to quash the warrant of removal as a Justice of the Supreme Court issued by President Mahama on September 1, 2025, on the basis that it was in violation of the constitutional provisions for the removal of a Justice of the Superior Courts, and therefore unlawful, null and void.
She also wants the court to declare that President Mahama lacks the power to remove a Justice of the Superior Courts from office except for the removal in accordance with Article 146 of the Constitution.