NDC Legal Director questions conduct of former Chief Justice as Council of State member

The Director of Legal Affairs for the governing National Democratic Congress (NDC), Godwin Edudzi Tamekloe, has raised concerns over the conduct of former Chief Justice Sophia Akuffo in her role as a member of the Council of State.
Speaking on the matter, Mr Tamekloe questioned what legally amounts to “misbehaviour or misconduct” by a member of the Council, stressing that the issue goes to the heart of accountability and constitutional responsibility.
Mr Tamekloe's statement was in reaction to a comment made by the former Chief Justice and Council of State member in relation to the removal of Chief Justice Getrude Torkonoo under Article 146(9) of the 1992 Constitution.
The former Chief Justice and Council of State member, Justice Sophia Akuffo, strongly condemned the removal of Chief Justice Gertrude Torkornoo, describing the process as unjust and deeply troubling for Ghana’s judicial system.
Speaking in reaction to the recent dismissal of Justice Torkornoo by President John Dramani Mahama, in an interview on TV3, Justice Akuffo said the ordeal was an unfortunate chapter in Ghana’s democratic journey and should never be repeated.
“I pray to God that no Chief Justice, no Judge should go through this rigmarole again,” she stated solemnly.
Justice Akuffo, who served as Ghana’s 13th Chief Justice, expressed grave concern about the manner in which the inquiry and subsequent removal were handled, likening it to a political witch-hunt.
“She did not get a fair trial. Even though it is not a trial strictly speaking, it was handled as though it were a treason trial,” she said.
Her remarks come amid ongoing controversy surrounding the removal of Justice Torkornoo, which critics—including several opposition MPs—have described as politically motivated and an attack on judicial independence.
Background
On April 22, 2025, President John Dramani Mahama suspended Chief Justice Gertrude Torkornoo from office following the establishment of a prima facie case based on three undisclosed petitions alleging misconduct and incompetence.
Under Article 146(6) of Ghana’s 1992 Constitution, the president, after consulting the Council of State, may suspend a Supreme Court justice if a prima facie case is established and appoint a committee to investigate. President Mahama did exactly that—forming a five-member inquiry panel chaired by Justice Gabriel Scott Pwamang, with other members including Justice Samuel Adibu-Asiedu, former Auditor-General Daniel Yaw Domelevo, Major Flora Bazaanura Dalugo, and Professor James Sefah-Dzisah.
Legal professional development
Justice Paul Baffoe-Bonnie, the most senior Supreme Court judge, was appointed acting Chief Justice during the investigation process.
The suspension sent shockwaves through Ghana’s legal community. The Ghana Bar Association (GBA) condemned the action as unconstitutional, arguing that the president did not publish any Constitutional Instrument or regulations to justify the exercise of discretionary power, as required under Article 296 of the Constitution.
Similarly, the Centre for Democratic Movement (CDM) denounced the decision as a breach of constitutional norms and judicial independence. CDM challenged the impartiality of the inquiry, citing the committee’s composition as politically skewed and lacking transparency, thereby undermining due process.
Chief Justice Torkornoo has publicly defended herself, characterising the suspension and removal proceedings as “arbitrary,” “cruel,” and unconstitutional. She has refused to resign, emphasising that doing so would amount to submitting to a flawed process and forfeiting her right to defend herself.
The NPP (New Patriotic Party) echoed these concerns, condemning the suspension as unconstitutional and warning that it jeopardised Ghana’s democratic integrity.
She was finally removed by President John Mahama on Monday, September 1, after the committee recommended her removal for stated misbehaviour.
Source: classfmonline.com/Cecil Mensah
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