A Judiciary in the Crossfire: President Mahama Suspends Chief Justice, NPP Fires Back with Strong Rebuke

Ghana's democratic stability is facing one of its biggest tests yet.

In a move that has sparked political uproar and constitutional debate, President John Dramani Mahama has suspended Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, following the establishment of a prima facie case against her, in line with Article 146(6) of the 1992 Constitution. A five-member committee has been constituted to investigate the petitions filed against the Chief Justice, and until the proceedings are concluded, Her Ladyship has been suspended with immediate effect.

The committee includes Justice Gabriel Scott Pwamang and Justice Samuel Kwame Adibu-Asiedu, both of the Supreme Court; Daniel Yaw Domelevo, the former Auditor-General; Major Flora Bazwaanura Dalugo of the Ghana Armed Forces; and Professor James Sefah Dzisah, an Associate Professor at the University of Ghana.

While some view this as a constitutional step toward accountability, others believe it is a calculated political move that threatens the independence of the judiciary.

The Minority in Parliament, representing the New Patriotic Party (NPP), has condemned the suspension in the strongest terms. In a statement, they described the action as a "brazen judicial coup," a "reckless abuse of Executive power," and a "direct assault on the independence of Ghana's Judiciary." According to them, President Mahama acted improperly while a legal challenge to the process is still pending before the Supreme Court, and therefore undermined due process and the rule of law.

The Minority accused the President of pursuing a political agenda under the guise of constitutional compliance. They referenced Mahama's 2023 statement in Akosombo where he spoke about the need to "balance" the courts, interpreting the current move as an attempt to install NDC-aligned judges. To them, this is not about justice or accountability, but rather a strategic attempt to control the judiciary.

They further likened the move to the infamous 1963 removal of Chief Justice Sir Arku Korsah under President Kwame Nkrumah, warning that such executive overreach has no place in a modern constitutional democracy.

Calling on all defenders of democracy, the Minority demanded the immediate reinstatement of Chief Justice Torkornoo and a complete halt to the removal proceedings until the Supreme Court rules on the constitutionality of the process. They vowed to resist what they see as an encroachment on judicial independence, warning that any further attempts to intimidate or unlawfully remove the Chief Justice will be met with both legal and public resistance.

This unfolding situation is more than just a legal proceeding—it is a critical test of the resilience of Ghana's democratic institutions. At the center of it all is a fundamental question: Is this a constitutional process, or the politicization of justice?

The coming days will be crucial in determining not just the fate of the Chief Justice, but the strength and independence of Ghana's judiciary itself.