Legal Expert Condemns Chief Justice Suspension as Political Theater

Private legal practitioner Austin Brako-Powers has sharply criticized President John Dramani Mahama’s suspension of Chief Justice Gertrude Torkornoo, describing the move as “a needless spectacle to satisfy the government’s grassroots.”

The suspension follows petitions alleging misconduct against the Chief Justice, which the President referred to the Council of State in accordance with constitutional procedures.

Under Article 146 of Ghana’s 1992 Constitution, Mahama established a five-member committee to investigate the petitions after determining a prima facie case existed. The committee, chaired by Supreme Court Justice Gabriel Scott Pwamang, includes legal experts and civil society representatives. While the government maintains the process follows due process, critics like Brako-Powers argue it undermines judicial independence.

“The Executive and Legislature already suffer from historic distrust—must we drag the Judiciary into this crisis?” Brako-Powers wrote on social media. “Using political power to weaken the last bastion of democratic hope would be catastrophic.” His remarks reflect broader concerns about perceived executive overreach, particularly given Ghana’s polarized climate.

The suspended Chief Justice had previously responded to the petitions, though details remain undisclosed. Legal analysts note that while constitutional provisions permit such suspensions, their application during political tensions risks eroding institutional credibility. The committee’s findings will determine whether formal impeachment proceedings follow, a process requiring parliamentary approval.

This development occurs amid heightened scrutiny of Ghana’s governance structures, with civil society groups calling for transparent proceedings. Historical precedents show such judicial challenges often deepen political divisions rather than resolve them. As the committee begins its work, its ability to operate free from political pressure will test whether Ghana’s constitutional safeguards can withstand contemporary partisan pressures. The outcome may set a defining precedent for the balance of power in Ghana’s democracy.

Below is his full post…

On the Suspension of the Chief Justice and the Setting up of a 5-Member Committee

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1. President John Dramani Mahama should be careful of the precedent he’s setting with his decision to suspend the Chief Justice, Gertrude Torkornoo.
2. The President could have set up the committee without necessarily suspending the Chief Justice as provided for in Article 146 (10) (a) with the Constitution’s use of the word “may.”
3. Suspending a Chief Justice is not mandatory nor a condition precedent to setting up the 5-member committee, and President Mahama could have avoided this.
4. The suspension is a needless spectacle to satisfy the government’s grassroots.
5. I have always maintained, and it bears repeating, that the use of executive power to settle political scores should not be entertained in our democracy.
6. Trust in the Executive and the Legislature is at its lowest in our country’s history, and we must hesitate to add the Judiciary to these two failed governmental organs.
7. If we allow political power to bastardise the Judiciary, the country’s last bastion of hope, that will mark the end of our democracy.
8. Our Judiciary as it’s presently constituted may have its failings, and we need to implement positive reforms to get it working.
9. Still, we should not run it down as has deservedly happened to the Executive and Legislative arms of government.
10. I have heard the current government appointees say the CJ’s suspension was necessary to prevent interference with the committee’s work.
11. Respectfully, this pedestrian argument has no support anywhere. It is the best self-serving argument to justify the illogical plan of this government to oust the CJ by all means.
12. I am optimistic, Ghana’s Chief Justice Gertrude Torkornoo will emerge stronger, tougher, and better after this ordeal.
13. This is how low petty politicking and political vendetta have brought our nation, and unfortunately, we will all live by that until we get the better government our nation needs.
14. In the end, it’s all about POLITICS.

#NotPoliticsAsUsual