Tuah-Yeboah Decries CJ Suspension as Menace to Judicial Independence

Former Deputy Attorney General, Alfred Tuah-Yeboah, has launched a scathing critique of the Council of State’s advice to suspend Chief Justice Gertrude Torkornoo, calling the move “poisonous” and warning that it risks setting a dangerous precedent for Ghana’s democratic governance.

His comments come in the wake of a dramatic decision by President John Dramani Mahama to suspend the Chief Justice, citing a prima facie case established in three petitions submitted against her.

The President’s decision, made in consultation with the Council of State and under Article 146(10)(a) of the 1992 Constitution, has sparked fierce legal and political debate.

I’m Rather Surprised

Reacting to the development, on Joy News, Alfred Tuah-Yeboah stated emphatically: “I’m rather surprised at the suspension of the Chief. The Supreme Court’s decision has yet to be taken. I’m surprised because the President is not bound by the advice of the Council of State.”

He continued, “The President may decide not to go by the advice of the Council of State, which indicates that the CJ should be in office while the matter is being heard by the panel. But that’s the decision of the President.”

In his view, “the advice of the Council of State is very poignant. We have to be very careful the way we treat the heads of any arm of government in Ghana.”

A Poisoned Precedent

Alfred Tuah-Yeboah, himself a constitutional lawyer, cautioned about the broader implications, stressing the importance of institutional respect:

“We have three main arms—the Executive, the Legislature, and the Judiciary. There is a traditional law, the King’s Law, in place in such a way that you can have a balance of charge.”

He added ominously, “If these are the grounds on which it is recommended that the CJ should be suspended, then I’m only disappointed in that decision.”

Presidency Justifies Action

In an official communication released by the Presidency on Tuesday, Presidential Spokesperson Felix Kwakye Ofosu explained:

“President John Dramani Mahama has, by Article 146(6) of the Constitution and in consultation with the Council of State, determined that a prima facie case has been established in respect of three petitions against the Chief Justice.”

The President has accordingly appointed a five-member committee to investigate the matter.

The members are:

Justice Gabriel Scott Pwamang, Supreme Court – Chairman

Justice Samuel Kwame Adibu-Asiedu, Supreme Court – Member

Daniel Yaw Domelevo, former Auditor-General – Member

Major Flora Bazwaanura Dalugo, Ghana Armed Forces – Member

Professor James Sefah Dzisah, University of Ghana – Member

The statement added: “Under Article 146(10) of the Constitution and by the advice of the Council of State, the President has by a warrant suspended the Chief Justice with immediate effect pending the outcome of the committee’s proceedings.”

Judiciary at Crossroads

Legal scholars and constitutional watchdogs have been quick to weigh in. In a widely circulated legal memo titled “Constitutional Implications of the Proposed Suspension of the Chief Justice”, a leading constitutional analyst warned that the President’s move could constitute “a grave constitutional impropriety” if not handled within the strict confines of Article 296.

The document asserts:

“While Article 146(10) explicitly grants the President power to suspend, it must be exercised with fairness and by due process. Article 296 imposes a duty that any discretionary power shall not be arbitrary or capricious.”

More strikingly, the opinion contends that “no constitutional or statutory instrument has been published by the President to regulate this power as required by Article 296(c),” rendering any such action unconstitutional.

A Call for Reform

The critique urges urgent constitutional reform: “The current framework, which allows the President to initiate the removal of a superior court judge upon receipt of a petition, is dangerously susceptible to abuse. The standard for removing the Chief Justice must match that of the President or the Speaker of Parliament.”

It advocates a constitutional amendment that would require “no less than a three-quarters majority of Parliament to approve any removal of a Superior Court Justice.”

Chief Justice in the Eye of the Storm

Justice Gertrude Torkornoo, appointed as Chief Justice in 2023, has led reforms including digital court processes and transparency in judicial administration.

But her tenure has faced pushback, with detractors accusing her of administrative high-handedness. The specifics of the petitions remain undisclosed.

While she has yet to respond publicly to the suspension, the legal community continues to brace for a battle that could redefine the contours of executive-judiciary relations in Ghana.

The Supreme Court is also reportedly considering litigation challenging the constitutionality of the ongoing process—a decision that could further upend the suspension and raise critical questions about the separation of powers.