The court granted the request in a ruling after it heard arguments from counsel for both parties during proceedings held on Friday, January 30, 2026.

The court held that the amendment would prevent a multiplicity of actions arising from the same set of facts.

Justice Torkornoo filed the suit at the ECOWAS Court of Justice on July 4, 2025, alleging human rights violations arising from her suspension on April 22, 2025, and demanding, among other reliefs, $10 million in damages.

During the hearing, lawyers for Justice Torkornoo, led by Femi Falana, explained that at the time the initiating application was filed, Justice Torkornoo had been suspended and was facing possible removal, but that circumstance has since changed following her dismissal as Chief Justice and as a Justice of the Supreme Court.

Counsel argued that the amendment became necessary because of the change in circumstances and would enable the court to determine all issues arising from the suspension and removal in a single action, instead of compelling the applicant to file a separate case.

The application sought an order for the amended initiating process, which counsel had already filed, to be deemed as properly before the court.

Ghana, represented by the Deputy Attorney-General, Dr Justice Srem-Sai, opposed the application and submitted that the proposed amendment was unnecessary and based on a misapprehension of Ghana’s constitutional framework.

He argued that removal from the office of a Chief Justice automatically terminated the holder’s membership of all superior courts, including the Supreme Court, and therefore required no separate process or hearing.

He added that allowing the amendment would amount to a waste of the court’s time, as the issues sought to be introduced lacked merit.

In its ruling, the ECOWAS court held that the issues raised in the amended application arose from the same set of circumstances as the original suit and that the amendment was necessary to prevent a multiplicity of actions.

The court accordingly granted the application adding that the respondent was entitled under the rules of the court to file an amended defence within the stipulated period.

Justice Gertrude Torkornoo initiated the action after her suspension from office and alleged violations of her rights under regional and international human rights instruments.

Earlier, the court dismissed her application for interim measures seeking to restrain the government of Ghana from proceeding with the removal process, thereby allowing the process to continue.

In that earlier ruling, the court directed the Attorney-General to file a response to the substantive application within 30 days.

The case is expected to proceed to substantive hearing after Ghana files any amended defence.

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The Court also rejected a preliminary objection filed by the Government of Ghana, which had argued that the regional court lacked the authority to hear the case.

In April 2025, President John Mahama, in consultation with the Council of State, suspended Justice Torkonoo following a prima facie case established from three separate petitions seeking her removal.

She subsequently filed an application at the ECOWAS Court, arguing that her suspension amounted to a de facto removal from office without a final determination of the petitions against her.

In its ruling on Wednesday, November 19, 2025, the Court acknowledged that the former Chief Justice had presented a prima facie case alleging violations of her rights. However, it held that she had not demonstrated the urgency required for temporary orders to halt the committee’s work.

The panel noted that she was suspended on April 22, 2025, and, knowing the processes were ongoing, waited nearly three months before seeking urgent relief, undermining her claims of imminent or irreparable harm. The Court therefore refused the request for a prohibition order.

The judges also addressed a separate objection raised by the Attorney General, who argued that the matter could not proceed because similar issues were before a Ghanaian court. The ECOWAS Court disagreed, describing the objection as wrongly placed.

According to the ruling, the application before the regional court concerns alleged human rights violations in the suspension and removal process, not a challenge to any Ghanaian court ruling.

The panel further noted that the sub judice rule applies only when a case is awaiting judgment, not simply because two matters involve similar facts.

The Court concluded that it has jurisdiction to hear the substantive case, declared the application admissible, and directed the Attorney General to submit a response.

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Speaking on JoyNews’ PM Express, he said he was compelled to act swiftly because Justice Torkornoo’s remarks contained deliberate inaccuracies that could not be allowed to stand unchallenged.

“I reacted almost 30 minutes right after she did it,” he said.

“If a serving Chief Justice should descend that low—she’s not just a Chief Justice; she’s a lawyer of so many years’ experience—she should not be the one setting that bad example. I had to do that to correct that point.”

Mr. Sory explained that his reaction was not driven by emotion but by duty.

“She put out there deliberate falsehoods that the public needed to know about. As a professional, I owe a duty to the public. If a lawyer of that standing goes out to mislead the public, I owe it as a duty to the public to let them know exactly what the truth is,” he said.

He revealed that he weighed the ethical restrictions of his profession against his responsibility to protect the truth.

“On that occasion, I violated the rule, but in another context, I didn’t,” he explained. “Because I also owe the public the responsibility to ensure that they knew exactly what was going on.”

The prominent lawyer, who has represented clients in some of the most consequential legal cases in Ghana’s Fourth Republic, said his actions were rooted in principle, not personal interest. 

“It’s based on my upbringing,” he noted. “I also relate with people who believe in standards. So if you find that I’m committed to a particular principle that I say I won’t violate, it’s because I believe in standards.”

He emphasized that his guiding principle as a lawyer is to conduct his cases in the courtroom, not in the court of public opinion.

“The ethics in my profession say do not speak about a matter when it is pending in court, especially when you are conducting it,” Sory said.

“Your duty is to conduct your case in the courtroom, not outside. There’s no reason to depart from that only because people want to upset you or provoke you.”

Sory has been at the center of some of Ghana’s most significant judicial events, including the case that led to the removal of a sitting Chief Justice—the first in the Fourth Republic.

His decision to respond publicly to her comments, he said, was an exception guided by conscience and his duty to protect the integrity of the legal process.

“I couldn’t let falsehoods stand,” he said firmly. “That was my responsibility as a lawyer and as a citizen.”

Source: Abubakar Ibrahim

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Speaking on JoyNews’ PM Express, he explained that misconduct in public office, particularly within the judiciary, is not a vague or subjective concept but a clearly measurable standard grounded in the people’s expectations.

“It is very objective,” he stressed. “When you talk about the fundamental law of the land, you are not seeking to set out everything in detail.

“The Constitution must be a compact document that sets out generally what we expect our framework of government to be like.”

According to him, the public’s trust forms the foundation of the judiciary’s legitimacy.

“The Constitution says justice emanates from the people. So the people have a certain expectation of you,” he said.

Mr. Sory warned that when a Chief Justice contradicts her own judicial rulings by benefiting from privileges she has previously ruled against, it undermines the integrity of the justice system.https://www.youtube.com/embed/VWzkGOuBoZM?si=AS_rf4m8YLDIFYVw

“If the Chief Justice gets drunk whilst in office, that’s a stated misbehavior. If we find out that she has passed a number of decisions which say that Article 71 office holders are not entitled to have their family members benefit, but she can benefit from it under the excuse that her appointment letter, written by her subordinate, says so—that amounts to misbehaviour,” he fired.

He argued that such conduct erodes public confidence.

“If your Chief Justice can decide that I will take money that I know I don’t have the right to, with the weirdest excuse that it was given to me by somebody who works under me—what do you think the ordinary man will think?” he asked.

The lawyer emphasised that standards of judicial conduct must reflect public morality, not insider sympathies.

“We should make all of those people lay people,” he said, referring to the composition of disciplinary committees.

“Because the ordinary person who sits down there says, if the Chief Justice can do this, how do I trust the system?”

He explained that while the Constitution provides broad guidance, the committee established to investigate judicial misconduct must interpret “stated misbehaviour” through the lens of societal expectations.

“They could say that under this particular situation, these amounts that were spent for a plane ticket for your husband and your daughter—when there are district courts without standing fans and broken chairs—amount to misbehaviour,” he said.

Sory contrasted such conduct with the case of former Electoral Commission Chair, Charlotte Osei, arguing that her removal reflected a troubling inversion of values.

“Her crime was that she saved Ghana GH¢15 million,” he said. “She canceled a contract because there was no value for money. Procurement came and testified there was no breach. Yet she was removed. If that is what society wants, so be it.”

Ghana travel guide

He maintained that judges should not be exempt from scrutiny by ordinary citizens.

“Those involved in the justice system judge ordinary men. If it affects us, let them also judge us,” he declared.

On concerns that such a process could be abused, he dismissed fears of unpredictability.

“It has predictability. You now put me in an official position, and the public sees that the head of the institution which should ensure justice is reversing justice—the public will tell you they don’t like that,” he said.

He concluded that public confidence, not internal privilege, is the ultimate standard.

“Everybody is accountable to the society. If they say they don’t like your style, you are too gentle—so be it,” he added.

Source: Abubakar Ibrahim

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Speaking on Joy News’ PM Express after President John Mahama removed her with immediate effect on grounds of stated misbehaviour, Mr. Otoo questioned the basis of the decision.

“When these entitlements come, it is not for you to determine anything. You are just to determine whether you want to travel. So when you tell them that I intend to take my vacation in Arusha, Tanzania, then the officers will work on whatever is your entitlement and bring it to you. This is nothing new. As Attorney General, as an ambassador, that is what they do. They work out and bring it to you. You are not involved,” he explained.

He stressed that the former Chief Justice was fully within her rights.

“So it is for them to look at the policy. What is the policy? Are you entitled to per diem? They will tell you yes, you are entitled to per diem. If you are travelling with somebody, is that person also entitled to some per diem? They say yes, and so they are working and bringing it to you.

What wrong did the Chief Justice commit for asking to go on a usual vacation as part of the conditions of service and saying that, well, I intend to go to Arusha. And then the judicial secretary, the head of finance travels, and all those who have anything to do with travel work on it and give the Chief Justice what is the entitlement?” he questioned.

Mr. Otoo accused the committee of deliberately ignoring established policy.

“And again, as I said, there is a travel policy for the judiciary; they never referred to it. And that travel policy, the committee didn’t refer to it. They didn’t refer to it, although we tendered it. That, look, this is the travel policy. She’s entitled to travel with a person of her own choice, and she chose to do this.

Remember that there have been other Chief Justices, some of them who had no spouses, and, therefore, the law, as at the time, was that you could go with, if it’s not your spouse, any person of your own choice.”

He argued that the issue was wrongly framed as misconduct.

“And so what wrong did the Chief Justice commit? Was she the one who asked that she be given travel expenses? Is she not entitled to the travel expenses? And as I keep asking, when you are in that office and you have to travel, is it for you to determine I want this or that? It is for the organisation to work it and give it to you. Assuming it was wrongly given to you, is that not why you have an audit? Is it not the case for auditors to say that we think that you should be surcharged with a certain amount which you took unlawfully? Is it a ground for removal?”

The former AG insisted responsibility did not lie with the Chief Justice and expressed shock at the committee’s recommendation.

“And I’m surprised Domelovo was on it. He sat through it. He heard us. We made presentations to him. And he, in the midst of all, in the face of all this, comes out to say that she has misappropriated money. Which money?” he asked.

Source: Abubakar Ibrahim

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Araba Esaaba Torkornoo, Chief

Justice of the Republic of Ghana

Accra

Your Ladyship,

There are moments in a jurist’s life when the highest service to the law is not found in prevailing—but in the dignity with which one accepts the inevitable. It is in these quiet, painful, and defining moments that legacies are etched—not by victory, but by vision.

Madam Chief Justice, I write to you not in condemnation, nor in flattery, but in solemn reflection. I think, especially, of the toll this difficult period must have taken on your family—your children and your husband, Mr. Torkornoo. As a fellow citizen of this Republic, please permit me to write from a place of deep respect for both your person and the high office you occupy.

Ghana watches today as Your Ladyship stands at the centre of a constitutional crisis—one that is no longer simply a legal matter but a national reckoning. It is no longer about the courts; it is about confidence in the judiciary. It is no longer about law, but about legacy.

True, every citizen has the right to seek redress, and every jurist must assert that right with courage. But with the greatest respect, I submit that there comes a time in every distinguished career when the ultimate act of leadership is not to fight, but to let go. Perhaps, Your Ladyship, that time is now.

I recall watching you take your oath of office—an oath to uphold the dignity and independence of Ghana’s judiciary. That same oath calls again—not in robes this time, but in sacrifice. In stepping aside. In showing strength through restraint.

You rightly stated at your recent press engagement that you have served the law for 38 years: as a lawyer, as a judge for 21 years, and now as Chief Justice. You affirmed your duty to speak out for justice in Ghana. Yet I fear the current legal campaign may have crossed the threshold of principle into the terrain of diminishing returns.

When a judge—let alone a Chief Justice—becomes the subject of sustained public controversy and repeated judicial defeat, the matter ceases to be personal. It becomes institutional. It becomes a burden on the very judiciary it seeks to defend.

Your Ladyship, in this moment, you are no longer merely a litigant. You are the living symbol of Ghana’s judicial conscience. And the judge’s highest duty is not to win battles—but to preserve peace.

Many in society are growing weary, not just of the litigation, but of what it means for the image of the courts. From the High Court to the Supreme Court, and now even to ECOWAS, your legal team persists, yet each step further burdens public confidence in the judiciary.

In our recent history, we witnessed a different path. In 2017, Mrs. Charlotte Osei, though not a judge, held a position with similar gravitas. When faced with impeachment, she bowed out gracefully despite fierce public criticism. Her poise and political temperament allowed her to exit with dignity. And today, time has vindicated her.

Your Ladyship, the question is no longer whether you can win—but whether the fight still serves the Republic. Lady Hale of the UK Supreme Court once said: “The law is not a weapon for personal vindication; it is a structure for societal coherence.” Ghana now needs that coherence more than ever. And sometimes, coherence begins with a graceful retreat.

Resignation is not surrender. It is the final act of statesmanship. It is choosing legacy over litigation, honour over ego, and country over self. It is a moral summit few ever reach—but one now within your grasp.

As Lord Mansfield once told a retiring jurist: “You have done enough. Let history speak the rest.”

Your Ladyship, let Ghana speak the rest. Let your legacy not be one of resistance, but of wisdom. Of restraint. Of a dignified departure that protects the very office you have long honoured.

On this note, I respectfully urge the Attorney General and Minister for Justice to help facilitate a path of dignified resolution. For the sake of the judiciary. For the sake of Ghana.

May history remember you—not for the battles fought, but for the wisdom to know when to let go.

With the utmost respect, Your ladyship, I remain

 Yours very truly,

 Seth Kwame Awuku, LL.B., LL.M. (Candidate in Legislative Drafting)

Addressing a press conference on Wednesday, June 25, 2025, she described her integrity as a personal treasure that she has upheld throughout her career.

“I am confident that in my journey as a lawyer, as a judge, and now as Chief Justice, there is no one person in this country who can look me in the eye and accuse me of taking a bribe to decide a case,” she said.

Commenting on the ongoing proceedings aimed at removing her from office, Justice Torkornoo argued that the process violates the principles of justice delivery in Ghana and is rooted in falsehoods.

“So what if these current proceedings are being carefully staged to result in my removal as Chief Justice, even if there’s no lawful justification?” she asked.

She expressed deep disappointment that such irregularities could occur within Ghana’s judiciary, particularly after her decades of service under four different presidents.

“All I have stated shows that any such action would have been done on the basis of lies and violations of law and due process.

“As a career judge who has served under four presidents—from the High Court through the Court of Appeal to the Supreme Court—I could never have imagined such irregularities possible if I had not personally encountered them,” she stated.

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She made the revelation at a press conference on Wednesday, June 25, 2025, although she did not name those allegedly behind the threats.

“I have also received threats to the effect that if I failed to resign or retire voluntarily, I will be made to suffer some harm or the other,” she said.

Justice Torkornoo also took aim at the committee of inquiry probing the petitions, describing the process as politically motivated and aimed at taking control of the Judiciary.

According to her, the entire exercise is part of “a political agenda to remove her and control the Judiciary,” referencing widespread media commentary as evidence of the motive behind the petitions.

She raised concerns about how evidence is being handled during the hearings, accusing the petitioners’ lawyers of exerting undue influence on what material is presented.

“The proceedings are being conducted as if it is a normal litigation between the petitioners and myself. Their lawyers now choose and pick which part of the evidence that public officials present to put on the table. This is also in violation of known rules regarding the proceedings of a committee of enquiry,” she stated.

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Addressing the nation on Wednesday, June 25, 2025, Justice Torkornoo emphasised that the process contravenes the principles of justice delivery in Ghana.

“Unfortunately, every step of the removal process undertaken against me is being done in a manner that breaks every rule on how justice is delivered in our country,” she said.

“This is why I find the need to draw the nation’s attention to the serious violation of the Constitution and law in the process, and the danger it holds for the development of the nation’s democracy.”

Speaking at the press conference—her first public statement since her suspension on April 22, 2025—Justice Torkornoo expressed concern that the committee probing the petition for her removal has failed to provide her with copies of the petition, despite repeated requests.

“Witnesses do not know the allegations in the petition and so are unable to answer questions about the petition. The proceedings are being treated like a litigation between the petitioners and me,” she lamented.

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She warned that the very foundation of judicial independence in Ghana is under attack.

In a supplementary affidavit in support of her motion for an interlocutory injunction, Justice Torkornoo lays bare a string of events she believes demonstrate “a complete desecration of [her] basic constitutional rights,” including the right to a fair hearing, dignity, and protection from inhuman treatment.

“This Honourable Court is the only shield between me and an unconstitutional assault on the office I hold and the independence it symbolises,” she wrote.
“Only you can stop this assault on judicial independence.”

She contends that the inquiry process initiated against her and the conduct of the committee set up by the President have been marked by blatant violations of due process and personal indignity.

“I have been treated in a manner not meted out even to persons on trial for treason,” she stated in the affidavit, calling the treatment degrading and mentally torturous.

Justice Torkornoo’s grievance stems not only from the substance of the allegations against her—details of which she says have never been properly communicated—but from the process itself.

She revealed that she has not been informed of the legal basis on which a prima facie case was determined, nor of the specific allegations she is required to answer.
“How can I defend myself when I don’t even know what I’m defending against?” she asked.

She described how her lawyers were sidelined during a crucial committee sitting on May 15, despite receiving formal notice of the hearing.
“The committee simply refused to recognise my counsel because I was not physically present,” she noted incredulously.

When she eventually appeared before the committee on May 22 with her legal team, they informed the members about her Supreme Court suit.
The committee adjourned for a day and requested copies of the legal filings. But by May 23, Justice Torkornoo says, the committee “shockingly” announced its intention to proceed regardless—even though the injunction application was now before the highest court of the land.

What makes matters worse, she said, is the committee’s decision to allow petitioners to call external witnesses rather than appear and testify themselves.
“This is not just irregular. It is offensive to the basic rules of inquiry,” she argued. “Petitioners must be subject to cross-examination. That’s what justice demands.”

The Chief Justice also paints a disturbing picture of the treatment she has been subjected to at the hearings, held not at the Judicial Service’s Court Complex like previous Article 146 processes, but at the Castle, Osu, a high-security zone.

There, she says, her husband and children were barred from entry, she and her lawyers were denied access to phones and laptops, and she was personally searched.
Meanwhile, she alleges, the petitioners’ counsel moved freely with phones and other devices.

“These actions are not merely procedural irregularities,” she said. “They are deliberate tactics designed to mentally break me and tarnish the dignity of my office.”

Justice Torkornoo argues that all previous removal proceedings against judges under Article 146 have taken place at the Courts Complex—a venue she describes as the appropriate judicial setting. The move to the Castle, she insists, “boggles the mind” and signals an effort to intimidate.

Calling the entire process a “mockery of justice” and “a ruse to unjustifiably remove me from office,” she prays that the Supreme Court immediately halt the process by granting an interlocutory injunction.

“This is bigger than me,” she warns. “What is at stake is the security of tenure for every justice of the Superior Courts of Judicature. What is under threat is the very soul of our Constitution.”

Source: Ibrahim Abubakar

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However, he emphasized that her success largely depends on the composition of the panel at the Apex Court, which he described as “currently divided.”

Speaking in an interview on Adom FM’s Dwaso Nsem, Mr. Adofo stated that if Acting Chief Justice Baffoe-Bonnie, Justice Yonny Kulendi, and Justice Amadu Tanko are excluded from the panel, Justice Torkornoo is likely to succeed.

“In terms of looking at it objectively, she may have a case. But at the moment, the Supreme Court panel is divided. It depends on the panel she will get. If it doesn’t include any of these three people, then she will win,” he said.

Justice Torkornoo is seeking an interlocutory injunction to stop all committee proceedings until the Supreme Court determines her case.

Her application also calls for Justices Gabriel Pwamang and Samuel Adibu-Asiedu to recuse themselves from the committee’s work. She argues that Justice Pwamang previously ruled in favour of one of the petitioners, Daniel Ofori, and therefore lacks the neutrality to chair the committee.

She also contends that Justice Adibu-Asiedu is not qualified to sit on the committee because he was part of the Supreme Court panel hearing an earlier injunction application related to the impeachment process.

Commenting on these points, Mr. Adofo described her concerns as legitimate.

“According to the rules, if there’s an appeal or further action on a ruling, the same judge cannot sit on it again. So now that the ruling has become a subject of petition, how can you preside on a case seeking her removal?

“If what I’m hearing is true, then Justice Pwamang should have stepped aside. He shouldn’t have even accepted the role,” he added.

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Despite efforts made in the past two decades to automate court operations, only 62 percent of courts currently utilize computers as part of their workflow.

Justice Torkornoo, during her inaugural address after her swearing-in ceremony at the Jubilee House on Monday, stressed the need to acquire electronic devices for capturing court records and establish a networked infrastructure among registries and stakeholders to enable the next level of automation.

“Two decades since tackling the issue of automation, only 62 percent of courts use computers as part of their work. Computerization is only the first process of the automation of court processes. After acquiring electronic devices to capture records of court processes, the registry, and offices of stakeholders must be networked in other to allow for the next level of automation.

“This is a national burden and we are slowed by any sluggishness in the nation’s digitalization drive. Currently, our records show that only 26 percent of courts are networked and only 12 percent of courts have been brought into the bracket of full automation in the operation through the digitalization of their processes,” Justice Torkornoo said during her swearing-in on Monday, June 12.

Justice Gertrude Torkornoo assumes the role of Chief Justice following the retirement of Justice Kwesi Anin Yeboah in May.

Speaking in Parliament during her vetting on Friday, she said that for her as an individual, the death penalty sentence handed to convicts seems too definitive.

Justice Torkornoo, thus, called on parliament to take a review of the death penalty.

“As a justice of the Supreme Court, I am mindful of the fact if cases come to court it will be my duty to preside over them, but on a personal level, I do think the death penalty is too final and I would be grateful if the legislative body would begin to look at it,” Justice Torkornoo said.

When asked if as a judge she should not be firm in handing down death sentences, especially to convicted murderers, she noted “sentencing is always guided by law, so long as the law says it I can’t dispute it.”

For years, some civil society organisations have called for the abolition of the death penalty. In Ghana, capital punishment is a mandatory sentence for certain offenses including murder, treason and genocide.

However, Ghana last executed convicts on death row in 1993, the year of Ghana’s return to civilian rule. Twelve people convicted of armed robbery or murder were executed by firing squad.

According to a report by Amnesty International, as of the end of 2020, 160 people – 155 men and five women – were under sentence of death. These included six foreign nationals, one from Benin, two from Burkina Faso and three from Nigeria.

Amnesty International cited a lack of effective legal representation among others for the plight of some convicts on death row.

“The death penalty in Ghana has been frequently used in violation of international law and standard, affecting predominantly those from disadvantaged socio-economic backgrounds, as shown by research carried out by Amnesty International. It is high time the authorities of Ghana acted to fully abolish it.

“Conditions for men and women on death row do not meet international standards. Both men and women reported overcrowding, poor sanitary facilities, isolation, and lack of adequate access to medical care and to recreational or educational opportunities available to other people in detention. Amnesty International opposes the death penalty in all cases without exception,” part of the research read.

Among other things, they are calling for an express abolishment of death penalty for all crimes, commuting the death sentences of all death row prisoners to terms of imprisonment; reviewing the cases of all death row prisoners to identify any potential miscarriages of justice and providing all death row prisoners, regardless of means, with adequate and effective legal aid to pursue any appeals against their convictions and death sentences.

Meanwhile, in June 2021, Francis Xavier Sosu, a member of Parliament for Madina Constituency in Ghana, initiated a proposal for the introduction of a bill to remove the death penalty from the Criminal and Other Offences Act, 1960 (Act 29). The proposal seeks to abolish the death penalty for most capital offences under national legislation.

The move is seen as a unique opportunity for Ghana to make significant steps towards the abolition of the death penalty for all crimes.

Click here to read the full Amnesty International report on death penalty in Ghana.

Speaking in Parliament during her vetting on Friday, she explained that this process is one that has always been in place, however, she said that the Judicial Service staff who began a strike following what they said were delays in salary review, believe that the process is too slow.

“There is a structure for the review of salaries on a bi-annual basis and that process started. The staff I think, are of the opinion that it is going too slowly and this is why they are on strike but the process is very much going on.”

She noted that the Judicial Service was in meetings on Thursday ensuring the issues with the salary review and process are completed and staff are given their due.

“It is not a process that is limited to the Judiciary. It starts with proposals from the judiciary, the Judicial Council, the executive, the Ministry of Finance is involved, the Office of the President is also involved and then it gets back to the judiciary. It’s a cycle, as I said it’s ongoing,” Justice Torkornoo said.

This comes after leaders of the Judicial Service Staff Association of Ghana Wednesday afternoon summoned members to an emergency meeting and declared an indefinite strike.

The association stated that ultimatums issued government to address demands for the approval of salary increases and payment of arrears from January 2023, expired on May 19.

JUSAG also complained about the withdrawal of the Cost of Living Allowance in December 2022, amid the economic difficulties in the country, concluding that its members had shown patience enough.

The strike, which began on Thursday, saw court premises empty with no Judicial Service staff on site. Those who had gone to work with no knowledge of the strike returned eventually home.

Appearing before Parliament’s Appointments Committee on Friday, the Supreme Court Justice said summoning people for contempt is a tool to keep the dignity and reputation of the Courts in Ghana.

“The issuing of contempt summons has always been a tool that has been used by courts to ensure that the dignity of the court is not scandalized. The [Supreme] Court is one out of 400 courts, and it is the ultimate voice, so whenever the court acts, whether it is the High Court, Court of Appeal, or Supreme Court, it is to ensure that the Justice system is not scandalised,” Justice Torkornoo said when she appeared before the Appointments Committee of Parliament.

A lecturer at the University of Ghana, Dr Michael Kpessa-Whyte, was on Thursday summoned by the Supreme Court for making some derogatory comments.

In a Twitter post, Dr Kpessa-Whyte referred to the Supreme Court as a “Stupid Court”.

In his tweet, he also criticized the current state of Ghana’s judiciary, accusing it of partisanship and lacking common sense.

Dr Kpessa-Whyte’s tweets came shortly after the Supreme Court ordered Parliament to remove the name of NDC MP James Gyakye Quayson from its records due to procedural breaches during his nomination and election in 2020.

The Supreme Court summoned Dr. Kpessa-Whyte to explain why he should not be held in contempt for describing the nation’s highest judicial body in such a manner.

Dr Kpessa-Whyte has since issued an apology for allegedly denigrating the Supreme Court.

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She has been active in the core reform agenda and activities of the Judiciary and the Judicial Service of Ghana (JSG) since 2005.

The organs through which these reforms have been implemented have included the specialized divisions of the High Court, the Judicial Training Institute, administrative committees set up to ensure the implementation of the automation and digitalization of court work and administration of JSG, the streamlining of alternative dispute settlement mechanisms in justice delivery, and communication channels between the Judiciary and its stakeholders.

Leadership Profile

The leadership roles Justice Sackey Torkornoo has played in ensuring the achievement of judicial reforms include being vice chair of the E-Justice Oversight and Implementation Committee (E-Justice OC) from its inception in 2019 and chair of the E-Justice OC since August 2021.

She has served as member of the faculty and Governing Board of the Judicial Training Institute, vice chair of the Internship and Clerkship Committee of the Judiciary since 2012, Supervising Judge of the Commercial Division of the High Court since 2013, member and chair of the E-Judgment Committee since 2010, member and chair of the Publications and Editorial Committee of the Association of Magistrates and Judges of Ghana since 2006, and member and chair of various ad-hoc committees needed for the smooth administration of the work of JSG.

Justice Sackey Torkornoo has served as judicial leader in the development and oversight of several reform projects of the Judiciary involving the European Union, USAID, DFID, collaborations with other African countries. She has also been a member of the Law Reform Commission since 2016.

E-JUSTICE Oversight and Implementation Committee

The leadership requirements of this Committee includes liaising with all external stakeholders in the provision and sustainability of the infrastructure of the E-Justice, setting up and overseeing the activities of all staff, Judges and committees involved in managing the infrastructure, ensuring cultural change from the use of manual systems to operating in the virtual realm and planning for the progressive achievement of electronic justice delivery nationwide.

Currently, her work as chair of E-Justice includes ensuring the streamlining into efficiency, the use of the Ghana Case Tracking system commenced as part of the Security Governance Initiative implemented by the Judicial Service of Ghana, Ghana Police Service, Economic and Organised Crimes Office, Ghana Prisons Service, National Signals Bureau, and Ministry of Justice and Office of the Attorney General. This work is being supervised by the Ministry of Communications and Digitalization.

The E-Justice Oversight Committee has also conducted a close examination of the High Court Civil Procedure Rules CI 47, the District Court Civil Procedure Rules CI 59, and the Criminal and Other Offences Act Act 29 to ensure that all rules that govern judicial proceedings allow for easy implementation of E-Justice.

The outcomes of that work will be presented to both the Rules of Court Committee for statutory reforms, and to the Ministry of Communications and Digitalization for incorporation into the scope of works for the next phase of E-Justice deployment.

Supervision of the Commercial Division of High Court

As Supervising Judge of commercial courts since 2013, Justice Sackey Torkornoo has set the agenda for and chaired the meetings and programs of the Users Committee of the Commercial Courts.

She has quietly ensured the sustenance of a keen culture of efficiency in the commercial division of the High Court nationwide through leadership initiatives such as ‘brown bag learning sessions’ for Judges of the court, consistent meetings with staff and leadership of the court, engagements with external service operators such as process servers, valuers, auctioneers and the Users Committee of the court and presentation of policy briefs to Chief Justices on needed reforms in commercial justice delivery as well as the administrative needs of the court.

Justice Sackey Torkornoo presided over the implementation of the Business Environment Engineering Project (BEEP) funded by the Department for International Development (DFID) of the United Kingdom. Her leadership directions in that project ignited and provided the Ministry of Trade and Industry with guidance on the introduction of Users Committees into other institutions that participated in the BEEP project. The BEEP project further influenced the active development of the Business Environment Reforms being streamlined into national institutions by the MOTI.

She serves as chair of the Technical Working Group on ‘Enforcing Contracts’ set up to steer change in the business law environment.

Outcomes of the work of the BEEP project within the Judiciary included the design of necessary reforms in the monitoring and evaluation of data collection currently being implemented by the Judiciary, the design of necessary reforms in the post-judgment and execution part of justice delivery, and reforms in stream lining of ADR in commercial justice delivery in Circuit and High Courts that led to the passage of High Court (Civil Procedure) Amendment Rules 2020, CI 133.

Judicial Training

As part of the faculty of the Judicial Training Institute since 2005 and board member of the JTI since 2018, Justice Sackey Torkornoo has actively participated in initiatives to enhance the learning of Judges through awareness of distinctions between judicial skills, the social context of judicial work and core black letter law.

This work has included being a trainer of trainers, the development of a curriculum for teaching Judicial Ethics, a manual for training in Judicial Ethics, and the lacing of applications of ethical principles into the daily routines of Judges.

Through being a constant trainer in Judicial Ethics, she has worked to motivate Judges to aspire to excellence through development of research and writing skills, case and courtroom management, as well as the application of judicial ethics in their work and private lives.

Learning Resources

After assuming the chair of the Editorial Committee for the Association of Magistrates and Judges of Ghana in 2009, Justice Sackey Torkornoo led the publication of an annual magazine for Judges, ensuring that issues pertinent to the development of competence in the judicial career and the discharge of the Judiciary’s constitutional mandate were brought to the fore in this magazine.

She has also chaired the E-Judgment Committee responsible for developing electronic research resources for Judges since 2012 and has achieved the current creation of an e-judgment research resource with key-word search-ability properties for Judges.

In her work as vice chair of the Internship and Clerkship Program, Justice Sackey Torkornoo has actively participated in the smooth administration of the internship and clerkship program run jointly with law faculties, law firms, the Judiciary, the Ghana Bar Association and the Ghana School of Law since 2012.

Awards

In 2010, Justice Sackey Torkornoo became the first awardee of a scholarship by the International Association of Women Judges, after a global selection process.

She undertook and excelled in an LLM in Intellectual Property, International Law and Internet Law at the Golden Gate University, San Francisco where her thesis on reforming Ghana’s Copyright Law relating to Folklore and Art was published as the lead article in the University’s Annual Survey on Comparative and International Law.

In 2015, she was awarded the Women of Excellence Award in Judicial Integrity under the auspices of Ministry for Gender, Child and Social Protection.

In 2016, she was made a Fellow of the Ghana Institute of Construction

While not compromising on the quality of her courtroom work and judgment writing, Justice Sackey Torkornoo has become noted for excellence in administrative leadership, continuing study, teaching, writing, and the judicial ethics of competence, diligence and integrity. She has served under and worked closely with four Chief Justices namely Chief Justice George Kingsley Acquah (decd), Chief Justice Georgina Theodora Wood (Rtd), Chief Justice Sophia Akuffo (Rtd) and Chief Justice Anin Yeboah.

 She was promoted to the Court of Appeal in October 2012 and to the Supreme Court in December 2019.

CURRICULUM VITAE

JUDICIAL WORK

Dec 2019 – date: Justice of the Supreme Court of Ghana, with responsibility for constitutional cases, final appeals over chieftaincy cases, supervisory jurisdiction over superior courts, final appellate jurisdiction in the judicial hierarchy, and presidential election petitions. Panel member in the 2021 presidential election petition

OCT 2012 – APRIL 2019: Justice of Court of Appeal, Ghana with responsibility for hearing and determining appeals from High Courts. Sat on the court of appeal panels in Kumasi (Oct 2015- July 2017), and Tamale (Oct 2017 to December 2019)

Averaging two judgments a month, she assisted with and wrote more than 180 well researched appellate judgments on substantive law, legal philosophies, rules of procedure & equity, delivered with the focus on doing substantial justice and avoiding miscarriage of justice.

MAY 2004 – OCT 2012: Justice of High Court, Ghana and Judge / Neutral with responsibility for court-assisted mediation & negotiation in pre-trial settlement conferences

During the period, she wrote more than 150 well-researched judgments delivered after adjudication of commercial disputes; and more than 350 disputes were resolved and un-appealable decisions recorded after mediated settlements

ADMINISTRATIVE AND SUPPORT WORK IN JUDICIARY

Chair, E-Justice Committee – Leading the planning of automation of all levels of courts, procurement and incorporation of the use of electronic resources and software in the work of Judicial Service

Supervising Judge – With oversight responsibility for the smooth running of Commercial Divisions of High Courts since 2013

Chair, ‘Enforcing Contracts’ Subgroup of the Business Regulatory Reform Program –  A program for designing and implementing interventions to ensure efficient enforcement of contracts with funds from the World Bank and executed under the auspices of the Ministry for Trade and Industry

Chair, The Business Environment Enablement Program – Multimillion pound sterling project for reforming commercial justice delivery implemented by the Judiciary with funds from DFID, United Kingdom between 2015 and 2020.

Chair, E-Judgment Committee – Planning and implementation of electronic library resources for the Judiciary and Judicial Officers since 2015

Vice-Chair – Internship and Clerkship Program for the Judiciary

Faculty Member – Judicial Training Institute – facilitating learning in Judicial Ethics, Judgment Writing, Case Management, Courtroom Communication, Commercial Law

Member – Governing Board of Judicial Training Institute – Responsible for planning and monitoring training programs and learning resources for the Judiciary and Judicial Service staff

Member, Editorial Committee of Association of Magistrates & Judges of Ghana – Responsible for leading the publication of Journals, Newsletters & Magazines for the Judicial Service and the Judiciary

Member – Committee responsible for development of the Judicial Charter and other written resources for the Judiciary

Chaired interview panels for engagement of senior officers of the Judicial Service

Chaired various committees for procurement of equipment and construction services for the Judicial Service

PRE-JUDICIARY WORK EXPERIENCE

1997-2004  Managing Partner, Sozo Law Consult – Law Firm

providing consultancy services for business ventures, project planning

 and supervision, advocacy in litigation, arbitration and negotiations;

Chief Executive of SLC Law Forum – A Publishing, Training & Research Support Service for Business Law (subsidiary of Sozo Law Consult). Organized several training programs in Commercial Law topics and legal skills such as negotiation of project contracts for the business community. Undertook consultancy services for the Business Law Division of the Ministry of Justice. Led the publication of A Handbook on Business Law, and annual publication of Legislative Watch;

1994-1996  – Director, Fugar & Co, Accra Responsible for assisting with management of the law firm and its project initiatives while continuing to work as solicitor and barrister

1987-1994 – Associate, Fugar & Co, Accra        

Working as Solicitor engaged in the negotiation & drafting of commercial agreements, project documentation; company secretarial services; Barrister assisting with or leading litigation in all levels of courts

During this period, she also worked as:

1. External Solicitor for City of Tema – Giving legal advice on Administrative Law issues for the Tema Municipal Assembly; commencing and defending legal actions against TMA; leading the negotiation of development projects for the municipality

1. Facilitator in Construction Law and Project Management Training Programs for the Ministry of Roads & Highways, Ghana Institute of Engineers, Ghana Institution of Architects, Ghana Institute of Construction           

Awards:

1989 – Received award from the International Bar Association for the top essay in a global essay competition on international law considerations in project contracts organized to assist with increasing knowledge of lawyers in construction and project contracts. The prize included cash and working in the Construction Law Department of Nabarro Nathanson, a top 20 law firm in London, UK

Academic Research, Articles, Publications

1. ‘The Doctrine of Sovereignty in International relations v. The doctrine of Sanctity of Contracts – The case of renegotiating the Ghana Valco Agreement’

International Business Lawyer Dec 1989

2. ‘Human Rights, Indigenous Rights, Minority Rights, Looking at the UN Declaration on the Rights of Indigenous Peoples through the lens of tribal groups in Ghana’

Research Paper on International Human Rights submitted as part of an LLM Requirement; Golden Gate University 2011

3. ‘Nuremberg, Congo, and Libya, Has Might Remained Right Or Right has become Might; A Look at the international Commitment to peaceful resolution of conflicts

Research Paper on Peaceful Settlement of Disputes Between Nations submitted as part of an LLM Requirement; Golden Gate University 2011

4. ‘Fitting Square Pegs in Round Holes – The Vexed Question Of Harmonizing International Legal Regulation Of Traditional Cultural Expressions in Intellectual Property Law’

Research Paper presented at Fulbright Symposium on International Law Developments, Golden Gate University, San Francisco, 2011 

5. Creating Capital from Culture, Rethinking the Provisions on Expressions of Folklore in Ghana’s Copyright Law

Volume XV111, Spring 2012; Annual Survey of International & Comparative Law, Golden Gate University School of Law

6. Considerations (Non-Considerations) of International Law in Domestic Decisions of the Superior Courts In Ghana

Judicial Journal, 2014

7. ‘The Case for Prioritization of Commercial Justice Reforms in Africa: Lessons from Ghana’ –

Paper delivered at Conference on Administration of Commercial Justice in Africa – Arusha, TANZANIA, September 2007

8. ‘A review of Remedies in Intellectual Property Cases under Civil Procedure Rules 2004 CI 47’ –

Presented at Conference on ‘Reviewing the Scope of Intellectual Property laws in Ghana’ – WIPO/Judicial Service of Ghana, June 2008

9. Judicial Ethics Training Manual (Chief Editor), 2009

10. ‘Can we thrive in a virtual world’

Presented at ‘2022 Bench/Bar/Faculty Lectures in Ghana April 2022

• Several articles on the tension between interest rates and debt sustainability, other commercial law subjects, judicial ethics and leadership published in the Judicial Journal (now The Bench) between 2009 and 2022

EDUCATION

2010-11 – LLM, Intellectual Property Law – Golden Gate University   San Francisco, USA    

2001 – P.G.Dip, International Law & Organizations for Development, Institute of Social Studies (now part of Erasmus University), The Hague, Netherlands

1986  – Professional Certificate in Law, Ghana School of Law             

1984  – BA- Law & Sociology, University of Ghana

1980 – GCE A Level, Achimota School, Accra

1978 – GCE O Level, Wesley Girls’ High School, Cape Coast            

Other Trainings  and Presentations

2022           Technology and the Courts – Singapore

2022           Navigating Presidential Petitions, the law and remedies. (Seminar organized in preparation for the 2022 Kenyan elections) Mombasa, Kenya

2018           Ghana’s Strategic Plan In Combatting Pharmaceutical Crimes – West Africa Regional Training Center of US Embassy, Accra

2017           Trends in Intellectual Property Litigation – WIPO, Geneva

                   Commercial Justice and Legal Ethics – Law Society of Zimbabwe

2016           Managing Electoral Petitions -Judicial Training Institute, Ghana

2010           Auditing Systems of Justice Delivery – Malawi

2008           a. Diplomatic Immunity

1. Judicial Case Management – Judicial Training Institute, Ghana

2007            a. Judicial Ethics

1. Labor Law
2. Access to Justice – Judicial Training Institute, Ghana

2007            Facilitating Judicial Education–National Judicial Inst, Canada in collaboration with Commonwealth Judicial Education Institute, Ottawa, Canada

Enforcement of Intellectual Property Rights -Global Intellectual Property Academy, Virginia, USA

2006            a. Mining Law – Environmental Protection Agency

1. Electoral Laws – Judicial Training Institute

2005            a. Finance and Accounting for Judges – Judicial Training Institute       

2005            b. Fighting Counterfeit Medicines in Sub-Saharan Africa South Africa, Johannesburg, South Africa

1. Mediation and Arbitration, International Law Institute   Washington

2004            a. Legal Integration in West & Central Africa – The OHADA module, Dakar, Senegal

1. Development of Commercial Courts– RIPA International, UK

2003            Program for Advanced Leadership, Haggai Institute, Hawaii

2000            Legal Issues in Structuring Public Private Partnership Projects – Institute of Public Private Partnerships,   Washington, DC

1998      Alternative Dispute Resolution’; University of Ghana, LECIA

1997      ADR & Conflict Management; University  of Ghana, LECIA

1995      ‘Basic Securities, Advanced Securities’   – Ghana Stock Exchange

1995    International Construction   Contracts; The Study Group, Oxford, UK

OTHER INTERESTS

Writing Poetry, Plays and Fiction, Evangelism

Books and Plays

Gertrude Torkornoo (Ed.) ‘Business in Ghana – A handbook on laws and regulations’ 1^st Edition – 2000; 2^nd Edition – 2003 (Published by SLC Law Forum)

Gertrude Torkornoo (Ed) ‘Legislative Watch’ (A research tool on the laws amended, reviewed and newly passed in Ghana) – From 1997 (Updated annually until 2002; now being developed as an electronic resource) (Published by SLC Law Forum)

Gertrude Torkornoo 2010, ‘The Child and the Rainbow’ – Anthology of Poetry printed by Combert Impressions

Gertrude Torkornoo 2010, ‘The Wise Still Hear the Birds’ – Anthology  of Poetry printed by Combert Impressions

Plays – Blood & Roses (2016);  The Richest King (2017); A Day For Rain  (2018) (Written for Radio)

Memberships

• 2018 – present: Member, Governing Council, Central University
• 2016 –  present: Member, Law Reform Commission of Ghana
• 2016 – present: Fellow, Ghana Institute of Construction
• 2010 – present: Member, International Association of Women Judges
• 2007 – present: Fellow, Commonwealth Judicial Educators Institute, Canada
• 2005 – present: Faculty member, Haggai Institute for Advanced Leadership, Singapore/Thailand and Hawaii, USA
• 2004 – present: Member, Association of Magistrates and Judges of Ghana
• 1992 – present: Executive Board Member, Aglow Fellowship International, Tema
• 1991 – Council Member, Theovision International

Justice Gertrude Sackey Torkornoo is married to Mr Francis Torkornoo, a Pharmacist, and has four daughters and three grandchildren.

Her appointment is, however, subject to parliamentary approval in accordance with Article 144(1) of the 1992 Constitution.

The appointment was contained in a letter signed by President Akufo-Addo.

The President noted he was satisfied that Justice Torkornoo who has been at the Supreme Court for the past four years and a member of the judicial service for the last 19 years is duly qualified and eminently fit to discharge her duties.

When approved by Parliament, Justice Torkornoo will replace Justice Kwasi Anin Yeboah, who retires as Chief Justice on May 24, 2023, when he reaches the mandatory retirement age of 70 for justices of the Court of Appeal and the Supreme Court.

When she gets the nod from Parliament, the 60-year-old Justice Torkornoo will become the third female Chief Justice in the history of Ghana, following the footsteps of Justices Georgina Theodora Wood and Sophia Akuffo.

Justice Torkornoo will be President Akufo-Addo’s third appointment to the office of Chief Justice since he assumed office in January 2017.

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