CJ’s removal saga: This is ‘alien to justice’ – Godfred Dame criticises ongoing proceedings

Former Attorney-General and Minister for Justice, Godfred Yeboah Dame, has come out boldly to criticise the ongoing impeachment process against suspended Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, describing the procedure as foreign to Ghana’s legal system and deeply unfair.

Speaking on Joy FM’s Top Story on Tuesday, May 27, Godfred Dame said the process surrounding Justice Torkornoo’s suspension and the subsequent closed-door proceedings violates the core principles of justice that Ghana has followed for decades.

“Whatever is going on, as far as I’m concerned, is totally alien and offensive to every rule of justice that this country has been known to have adopted for itself over the decades,” he stated firmly.

His comments come at a time when many Ghanaians—both legal minds and ordinary citizens—are expressing concern about how the country’s top judge has been suspended without a clear and transparent process that the public can trust.

Background: How It All Started

Justice Gertrude Torkornoo, who was appointed Chief Justice in 2023, has been suspended by President John Mahama following a petition sent to the presidency, seeking her removal from office.

The specific reasons for the petition have not been made public, but legal experts say it relates to alleged misconduct and administrative interference in some judicial matters.

The President then triggered Article 146 of the 1992 Constitution, which allows for a judge of the superior courts to be investigated when a petition is submitted against them. However, this process is supposed to be thorough, fair, and confidential.

Justice Torkornoo has challenged the legality of the process by filing an injunction application at the Supreme Court, arguing that her suspension and the inquiry being conducted lack transparency and constitutional clarity.

Godfred Dame: “This Is Not Justice. This Is a Departure from Our Traditions.”

During his interview, Mr Dame sounded visibly disturbed by how the matter is being handled.

“What is happening now is a sharp deviation from the legal traditions we have followed since independence. We are now witnessing something that does not resemble justice,” he said.

He added that no one—not even the Chief Justice—is above the law. However, if Ghana truly respects due process, then every citizen, regardless of position, deserves a fair and open hearing.

“You can’t suspend a sitting Chief Justice and conduct an inquiry behind closed doors without giving the public or legal community any clarity on what she is being accused of,” Mr Dame insisted.

He said that such an approach will erode public trust in Ghana’s judiciary and set a dangerous precedent for future chief justices and judges.

“She Draws Strength From Her Faith” — Dame Describes Torkornoo’s Composure

Despite the political and legal pressure she is facing, Mr Dame said Justice Torkornoo is coping well, adding that her strength lies in her deep Christian faith.

“She is coping, as she always says. She believes very much in the word of God,” Mr Dame said.

He revealed a conversation he had with the Chief Justice, in which she compared herself to David in the Bible, facing Goliath.

“She said to me that if David was able to bring down a Goliath with an instrument which was supposedly harmless, then yes—anything at all is possible,” he shared.

Dame said that she remains spiritually strong, drawing encouragement not only from scripture but also from the stories of other historical figures who faced tough times but stood their ground.

“She continues to have faith in the word of God. She also continues to take inspiration from other great men of the world who had to go through such trials and tribulations,” he added.

Legal Community Split, But Questions Remain

The issue has sharply divided opinion among lawyers, politicians, and civil society.

Some legal experts believe that no one is immune from accountability, and that the President acted within his powers. However, others believe the method being used lacks transparency and appears politically motivated, especially considering how sensitive the role of a Chief Justice is in safeguarding Ghana’s democracy.

What’s raising eyebrows even more is that Justice Torkornoo was not given the chance to respond publicly before the suspension, and the inquiry is being conducted in secret, away from public scrutiny.

A Test of Ghana’s Rule of Law

Mr Dame said this situation is not just about one individual, but about the future of Ghana’s justice system.

“If this is allowed to continue, we will lose the moral authority to talk about justice and fairness. Even the Chief Justice deserves to be treated with dignity and transparency.”

He argued that if a judge of the highest court in the land can be removed in such a manner, what will happen to judges at the lower levels?

“It is not about personalities. It is about the principle. We must uphold what is right and just, or we risk damaging the foundation of our judiciary,” he warned.

What’s Next?

Justice Torkornoo’s injunction case at the Supreme Court is still pending. If the court grants the injunction, the investigative committee’s work will be halted, and the suspension will have to be reviewed.

But if the injunction is dismissed, the committee can go ahead and possibly recommend her removal if they find her guilty of the allegations.

Mr Dame did not say whether he would join Justice Torkornoo’s legal team, but his public defence of her position has made him one of the most vocal critics of the process so far.

Public Reactions

Many Ghanaians on social media have taken sides, with some saying the Chief Justice should be investigated like any other public official, while others believe the whole process smells of politics.

One user wrote on Facebook:

“If a Chief Justice can be treated this way, then where is our democracy? Ghana deserves better.”

Another said:

“She is not above the law. Let the investigations go on.”

Meanwhile, several lawyers and legal associations are preparing to issue statements, and it’s likely that the Ghana Bar Association (GBA) will be compelled to comment officially in the coming days.

Conclusion: A Battle Between Law, Politics, and Faith

As the legal drama continues, what’s clear is that Ghana is now at a legal and political crossroads.

The suspension of a sitting Chief Justice, the secrecy surrounding the inquiry, and the open criticisms from former Attorney-General Godfred Dame all point to deep tension in Ghana’s democratic space.