The Minority Caucus in Parliament, led by its Legal Counsel and Member of Parliament for Suame in the Ashanti Region, Mr. John Darko, is calling on religious and traditional leaders to persuade the President to halt any attempts to remove the Chief Justice, Her Ladyship Gertrude Araba Esaaba Sackey Torkornoo, from office.
The caucus insists that the petitions seeking her removal are baseless and do not meet the constitutional threshold required to unseat a sitting Chief Justice.
Speaking at an emergency press conference on Wednesday, April 16, 2025, Mr. Darko disclosed that sources had informed the caucus of ongoing moves to undermine the Chief Justice.
“To our revered traditional and religious leaders, the time to call the President to advise him is now. The time to pray for our country is now. We should not wait until it’s too late,” Mr. Darko stated.
He cautioned against entertaining what he described as “pointless petitions,” warning that doing so could severely undermine Ghana’s progress in consolidating its democratic institutions.
“How can any serious country, mindful of its past and desirous of improving its democratic credentials, entertain such loose petitions and orchestrate the destruction of the last bastion of the pillars of our democracy?” he asked.
Press Conference by the Minority on the Attempt to Remove the Chief Justice
Ladies and gentlemen of the media,
Sometime in March 2025, H.E. the President submitted to the Council of State petitions seeking the removal of the Chief Justice of the Republic, Her Ladyship Justice Torkornoo. Since learning of this petition, the Minority has followed the process with keen interest—and we are worried, deeply worried.
In Ghana’s history, from independence through military rule to constitutional democracy, the judiciary has consistently stood out as a resilient and independent institution. This independence has been hard-won.
We remember cases like Re-Akoto (1961), where the Supreme Court upheld the Preventive Detention Act, and The State v. Otchere (1963), where President Nkrumah nullified a court decision and ordered a re-trial of acquitted individuals.
We also remember June 30, 1982—the tragic murder of Justices Fred Poku Sarkodee, Cecilia Koranteng-Addow, and Kwadwo Agyei Agyepong. It was a period when the judiciary was under siege, perceived as a threat to a revolutionary regime intent on full societal control.
That dark era must not repeat itself.
It is shocking that today, petitions are being entertained against the Chief Justice on grounds so weak, so politically motivated, that they echo the logic of that dangerous past. The NDC, which emerged from the PNDC, now seems to believe it is entitled to control all pillars of the state—including the judiciary.
Since the 1992 Constitution came into effect, our judiciary has reinforced its independence, evident in landmark cases like:
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NPP v. IGP / NPP v. Attorney General – where sections of the Public Order Act were declared unconstitutional, paving the way for greater freedom of assembly.
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31st December Case – where the use of state resources to celebrate a coup was ruled unconstitutional.
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Election Petitions in 2013 (Akufo-Addo v. Mahama) and 2021 (Mahama v. Akufo-Addo), where the judiciary played a balancing role.
It is in this context that we consider the petition against the Chief Justice to be a serious setback in our democratic journey.
This move appears to be aimed at:
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Tarnishing the image of the CJ.
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Orchestrating her removal.
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Ultimately silencing and capturing the judiciary.
We understand that the petitions are based on three key allegations:
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That the CJ advised the President on judicial appointments to the Supreme Court.
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That she presided over an ex parte motion involving the Speaker of Parliament.
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That she misappropriated approximately GHS 75,000.
None of these claims satisfy Article 146 of the Constitution, which outlines that a Justice of the Superior Court may only be removed for:
“Stated misbehaviour, incompetence, or inability to perform the functions of office due to infirmity of body or mind.”
These claims are frivolous, and entertaining them will damage the public’s faith in the judiciary.
We have been reliably informed that there are plans to invoke Article 146(10)(a) to suspend the CJ and appoint an acting CJ aligned with the current administration.
To judges who may be tempted to betray judicial independence for personal gain, we say: You may rise together, but if you destroy another to rise, posterity will judge you harshly.
To our development partners and foreign missions: now is the time to speak up. The destruction of the judiciary is the beginning of the end for Ghana’s democratic experiment.
To our traditional and religious leaders: we urge you to act. The nation is at a turning point, and silence is not an option.
And most importantly, to you—the people of Ghana:
You are the source of justice.
As Article 125(1) of the Constitution states:
“Justice emanates from the people and shall be administered in the name of the Republic by the Judiciary, which shall be independent and subject only to this Constitution.”
This is your fight. This is your democracy. Rise and say: enough is enough.
Thank you.
