Ghana’s Chief Justice faces possible suspension as Council of State confirms prima facie case

Ghana‘s Chief Justice Gertrude Araba Esaaba Sackey Torkornoo is likely to face suspension next week following confirmation by the Council of State that a prima facie case has been established against her, sources have told The High Street Journal. Information on the matter is scanty and the news is making rounds within the diplomatic circles in Ghana.This crucial step paves the way for the setting up of a tribunal to commence a full-scale trial an unprecedented development in the country’s Fourth Republic.

In Ghana’s constitutional framework, once a tribunal is formed to try a sitting constitutional officeholder, the likelihood of removal is significantly heightened. Analysts are pegging the chances of the Chief Justice’s removal at 70%, given historical precedents.

While the proceedings mark a major test for Ghana’s democratic institutions, they are unfolding in a politically and socially charged environment. On one hand, concerns are being raised about the potential impact on investor confidence. The prospect of a sitting Chief Justice being removed could signal to the international community a deepening politicisation of Ghana’s judiciary a move that might rattle the country’s reputation for institutional stability.

On the other hand, what is striking is the near-total silence from Ghana’s usually outspoken civil society organisations. These groups, known for fiercely defending judicial independence, have not rallied to the Chief Justice’s side a silence that many analysts interpret as tacit approval or at least a lack of opposition to the process.

Observers note that both the current Chief Justice and her predecessor have been associated with rulings that appeared increasingly out of step with public sentiment. The most cited example remains the controversial judgment that declared a birth certificate insufficient proof of citizenship a decision that provoked widespread disbelief and concern over access to civic rights.

Adding further complexity to the unfolding scenario is the role of the ruling government. It has reportedly tied the Chief Justice’s removal to the broader success of its anti-corruption strategy, codenamed ORAL. The initiative has received strong backing from influential civil society actors, putting them in a delicate position caught between defending institutional integrity and endorsing a process they see as necessary for judicial reform.

Ultimately, the implications of the Chief Justice’s removal should it occur will depend heavily on public and institutional framing. If the process is broadly seen as an effort to restore public confidence in the judiciary rather than political score-settling, it could mark a turning point in strengthening Ghana’s governance. However, if perceived as an erosion of judicial independence, it risks damaging the country’s democratic credentials and investment attractiveness.

The coming weeks will be critical in determining not just the future of the Chief Justice, but also the direction of Ghana’s legal and political landscape.

Source: thehighstreetjournal.com