Respected Ghanaian lawyer and political analyst Amanda Akuokor Clinton has dropped a heavy statement about the ongoing impeachment process against Ghana’s Chief Justice, Her Ladyship Gertrude Araba Esaaba Sackey Torkornoo.

According to her, based on how Ghana’s 1992 Constitution is structured, it will be very difficult for the Chief Justice to come out of the situation without being removed from office.

Ms. Clinton made these strong comments when she appeared as a guest on JoyNews’ Newsfile programme on Saturday, 24th May 2025. She explained that the legal and constitutional setup of Ghana does not make room for judicial officers, like the Chief Justice, to defend themselves successfully once an impeachment process has been triggered.

“It is true that she might not survive this process under this constitution,” she said.
“Which is why all the cases that have been filed so far have failed.”

What Is Happening to the Chief Justice?

The Chief Justice, Gertrude Torkornoo, is currently going through an impeachment process, which is the legal procedure used to remove a sitting Chief Justice or judge from office if there is strong evidence of misconduct or wrongdoing.

This removal process was triggered by a petition, which means some individuals or a group formally wrote to request that the Chief Justice be removed for certain alleged actions.

Following this petition, President John Dramani Mahama suspended her, as allowed by Article 146 of the 1992 Constitution of Ghana. That article gives guidelines on how to remove justices of the Superior Courts, including the Chief Justice.

As part of her fightback, Justice Torkornoo has filed an application

at the Supreme Court, challenging the way the process is being conducted. She believes that some of the judges involved in the impeachment inquiry are not neutral and may be biased against her.

Amanda Clinton’s Analysis – “The System Is Not in Her Favour”

Amanda Clinton, who is also the head of Clinton Consultancy, a firm that offers legal and political advice, stated that the whole situation exposes a big flaw in Ghana’s Constitution.

According to her, the 1992 Constitution does not offer strong protections for judges once an impeachment process starts. This means that, even if the judge is innocent, it is hard for them to stop the process or defend themselves properly.

“Look at all the legal actions that have been filed since this issue started – not even one has succeeded,” she said.

“That should tell you that the system is working against the Chief Justice, not for her.”

Ms Clinton believes that the only real solution is to reform the Constitution, so that it can protect judicial officers better in the future.

Why This Is a Big Deal for Ghana

This case is not just about one person. It has raised serious questions about the independence of the judiciary, the fairness of legal procedures, and the power of the executive arm of government.

Can a sitting President suspend a Chief Justice without any pushback?

Do judges have enough legal protection against political pressure?

Should the Constitution be changed to fix these gaps?

These are the tough questions Ghanaians are now debating, especially as the impeachment process continues.

Support and Sympathy for Justice Torkornoo

Since the news of the impeachment broke, many legal minds, civil society groups, and citizens have shown support for the Chief Justice. They say she is a woman of high integrity, and that the process might be politically motivated.

One senior lawyer, who spoke anonymously, said:

“We have to be careful as a country. Today it’s the Chief Justice, tomorrow it could be another judge. If the process is not fair, the whole judiciary can collapse.”

Even ordinary Ghanaians on social media have expressed mixed feelings:

Kwame Boadu, a student in Kumasi, wrote on X (formerly Twitter):

“If they can treat the Chief Justice like this, what hope does the ordinary man have?”

Akua Serwaa, a teacher in Cape Coast, added:

“Let us not use politics to destroy the independence of our courts. Ghana is bigger than any political party.”

A Quick Look at Article 146 of the Constitution

The entire removal process is happening under Article 146 of the 1992 Constitution, which outlines how to remove a Justice of the Superior Court. Here’s a brief breakdown:

A petition must be submitted to the President.

The President refers it to the Chief Justice — but in this case, because she is the one being accused, it was referred elsewhere.

A committee is formed to investigate the matter.

Based on the findings, the President can act on the recommendations, including suspension or removal.

Ms Clinton’s point is that this process gives a lot of power to the executive, and very little room for the accused to defend themselves, especially if the accused is not given fair hearing or if the investigative committee is biased.

Calls for Constitutional Reform Grow Louder

Amanda Clinton used the opportunity to call on lawmakers, civil society, and legal experts to start looking at long-term solutions. According to her, the time has come to amend the Constitution so that judicial officers are not left vulnerable to political interference.

“This is beyond Justice Torkornoo. It is about future generations of judges,” she said.
“We need a Constitution that balances justice with fairness — not one that allows one arm of government to dominate others.”

What Happens Next?

As of now, the Supreme Court is yet to decide on the Chief Justice’s latest legal challenge. Ghanaians are watching closely to see:

Can the Supreme Court halt the process?

Will the committee recommend her removal?

Would this situation trigger a constitutional review process?

Whatever the outcome, one thing is clear: this case will be remembered in Ghana’s legal history for a long time.

Conclusion – A Crossroads for Ghana’s Democracy

Amanda Clinton’s comments have touched a nerve. They reflect a growing concern that Ghana’s constitutional setup, though strong in many ways, still has gaps that can be exploited, especially when it comes to removing powerful officials like the Chief Justice.

This is a test for Ghana’s democracy, and the whole world is watching how we handle it.

As Ms Clinton rightly pointed out, unless we reform our system, future Chief Justices — and even other high-ranking officials — may suffer the same fate, whether guilty or not.