President John Dramani Mahama has received the first report from the Article 146 Committee of Inquiry, which is investigating three petitions seeking the removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
At a ceremony at the Jubilee House on Monday, the Committee’s Chair, Justice Gabriel Pwamang, presented the report in a sealed envelope, stressing that the panel followed constitutional provisions by conducting proceedings in camera.
“In camera proceedings are not the same as in secret,” Justice Pwamang said. “We refrained from public commentary despite blatant false statements made about members of the committee and our work.”
The first petition, filed by businessman Daniel Ofori, was heard over several months. The panel took evidence from 13 witnesses for the petitioner and 12 for the Chief Justice, including expert testimony. Roughly 10,000 pages of documentary exhibits were reviewed, with each side represented by four lawyers.
“After critical and dispassionate examination and assessment of all the evidence, including the expert evidence against the provisions of the Constitution and the relevant laws, we have, without fear or favour, arrived at a recommendation on the first petition,” Justice Pwamang told the President.
On the second petition, the Chair said both the petitioner and the Chief Justice requested an adjournment, which was granted. “Accordingly, we shall be reporting on the second and third petitions in due time,” he added.
Background and Legal Framework
Chief Justice Torkornoo, Ghana’s 15th Chief Justice, was sworn into office in June 2023. She was suspended by President Mahama in April 2025 under Article 146(10) of the 1992 Constitution, acting on the advice of the Council of State, pending the outcome of the removal process.
Article 146 sets strict conditions for removing a Chief Justice, including misbehavior, incompetence, or infirmity of body or mind. The President is required to establish a five-member committee to investigate such petitions, comprising two Supreme Court Justices, one as chair, and three other members who are neither lawyers nor Members of Parliament. Proceedings must be held in camera, and the Chief Justice has the right to legal representation.
The process has attracted scrutiny from legal analysts and civil society, with debates centering on judicial independence and the balance of power between the executive and judiciary.
The sealed recommendations now before President Mahama mark the first milestone in a process that will determine whether Ghana’s Chief Justice retains her post. The committee is expected to conclude its work on the two outstanding petitions in the coming months.
