Former Deputy AG Warns Against Council of State’s Advice on Chief Justice Suspension

Alfred Tua Yeboah, a former Deputy Attorney General, has raised serious concerns over the Council of State’s recommendation to suspend Chief Justice Gertrude Torkornoo, calling the advice “acidic and poisonous.”

He cautioned that the move could undermine judicial independence and have long-term repercussions for Ghana’s democracy.

Yeboah stressed that while the Council of State’s role is advisory, the President must carefully consider the implications of such a decision. “The Council of State needs to tread cautiously because whatever action is taken will have far-reaching consequences for judicial independence,” he told Accra-based Citi FM. “This advice is not just problematic—it is dangerous for our democracy.”

President John Mahama suspended the Chief Justice following petitions against her, acting in accordance with Article 146 of the Constitution. A statement from the Presidency confirmed the suspension and the formation of a five-member committee to investigate the allegations. The committee includes Supreme Court Justices Gabriel Pwamang and Samuel Adibu-Asiedu, former Auditor General Daniel Domelevo, Major Flora Dalugo of the Ghana Armed Forces, and University of Ghana law professor James Dzisah.

The decision has drawn criticism from legal experts, including private practitioner Austin Brako-Powers, who described the suspension as politically motivated. In a social media post, he warned against using executive power to interfere with the judiciary, arguing that such actions erode public trust. “If we allow the judiciary to be weakened by political maneuvering, we risk the collapse of democratic safeguards,” he wrote.

This development comes amid heightened scrutiny over the balance of power between Ghana’s executive and judiciary. Legal analysts note that while the suspension follows constitutional procedure, it raises questions about the potential for executive overreach. Similar controversies in other democracies have often led to prolonged institutional tensions, making this case one to watch closely. The committee’s findings will likely influence future discussions on judicial independence and the limits of presidential authority in Ghana.