Private legal practitioner Martin Kpebu has stated that former Chief Justice Gertrude Torkornoo has every right to demand an explanation regarding the basis on which a prima facie case was established against her — a decision that ultimately led to her suspension and subsequent removal from office.
Speaking on The Key Points on TV3 on Saturday, October 18, Kpebu argued that the lack of transparency in communicating the reasons for the decision slightly undermines the removal process.
“The fact that her removal is justified doesn’t mean every step taken was right. I support the grounds for her removal, but the failure to provide her with reasons for the prima facie finding is wrong,” he said.
When fellow lawyer Godwin Edudzi Tameklo asked how this omission weakened the process, Kpebu responded,
“It undermines the process a bit, but it doesn’t mean she will win. The president’s failure to provide reasons creates an appearance of bias — it’s not enough to overturn the case, but it’s bad practice and could haunt us in the future.”
Another legal practitioner, Austin Brako-Powers, also supported the view that Justice Torkornoo is justified in questioning the procedure used by the Article 146 Committee that recommended her removal.
“The claim that no one can question the recommendation of the Article 146 committee is disingenuous. She has every legitimate right to challenge the process adopted,” Brako-Powers said on the same programme.
Justice Torkornoo has filed a case at the High Court, seeking to quash the proceedings and recommendations of the Article 146 Committee, chaired by Justice Gabriel Scott Pwamang, which found her guilty of misconduct. She is also asking the court to halt the vetting of Chief Justice nominee Justice Paul Baffoe-Bonnie.
Her suit seeks several orders of certiorari, including:
- To quash the May 15, 2025 proceedings and outcomes of the Pwamang Committee;
- To nullify the three grounds cited by the committee for recommending her removal; and
- To set aside the Presidential Warrant dated September 1, 2025, which formally removed her from office.
Justice Torkornoo was removed by President John Dramani Mahama on September 1, 2025, following a report by the five-member Article 146 Committee. The report found her guilty of stated misbehaviour, including misuse of public funds, and recommended her removal — a recommendation the President was constitutionally bound to act upon.
The committee, chaired by Justice Pwamang, also included Daniel Yaw Domelevo (former Auditor-General), Major Flora Bazaanura Dalugo of the Ghana Armed Forces, and Professor James Sefah Dzisah of the University of Ghana.
Justice Torkornoo was earlier suspended on April 22, 2025, after a prima facie case was established in response to three separate petitions. Her suspension and subsequent removal were conducted in consultation with the Council of State, in line with Article 146 of the 1992 Constitution.
Presenting the report, Justice Pwamang explained that the committee’s mandate was to conduct an in-camera inquiry, hear the respondent’s defence, and make recommendations to the President — a process it fully adhered to.
