Suspended CJ: She is one of your own and head of your institution – Supreme Court told

Respected legal scholar and former Director of the Ghana School of Law, Mr. Kwaku Ansa-Asare, has appealed to the judiciary and the special investigative committee handling the suspension and possible removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, urging them to treat her with respect and honour befitting her high office, despite the ongoing constitutional proceedings.

Speaking on JoyNews’ The Pulse on Wednesday, May 28, Mr. Ansa-Asare said that although the legal process must take its full course, it should be done in a manner that does not disgrace or humiliate the suspended Chief Justice.

“She is not a criminal on trial,” he emphasized.
“We are dealing with the Chief Justice of the Republic of Ghana, and therefore all the courtesy accorded to the office must continuously be bestowed on her.”

His passionate appeal comes at a time when public interest is high, and the legal community is watching closely to see how the judiciary handles its own top official.

Context: Chief Justice Under Investigation

Justice Gertrude Torkornoo, who was appointed Chief Justice in 2023, was suspended earlier this month following a formal petition for her removal from office. The petition alleges misconduct and abuse of power, though full details remain under wraps due to the sensitive nature of such proceedings, as outlined in Article 146 of the 1992 Constitution.

The President, in accordance with the Constitution, forwarded the petition to the Chief Justice (before her suspension), who then referred it to the Council of State and subsequently to a five-member committee set up to investigate the matter.

However, once she became the subject of the complaint, the Supreme Court was tasked with certain rulings on related applications, including one supplementary affidavit filed by Justice Torkornoo herself.

Supreme Court Rejects Her Affidavit

Earlier on Wednesday, the Supreme Court made headlines when it struck out a supplementary affidavit that Chief Justice Torkornoo had filed in response to the petition. The court ruled that the affidavit disclosed confidential information that, under Article 146, should have been kept private because such proceedings are meant to be held in camera (i.e., behind closed doors).

Legal observers saw this as a significant development in the case, but for Kwaku Ansa-Asare, the bigger issue is how the suspended Chief Justice is being treated publicly and institutionally.

Ansa-Asare’s Plea: Don’t Disgrace the Judiciary’s Own Leader

Mr. Ansa-Asare said that while he respects the Supreme Court’s authority and its reading of the law, he believes that basic human dignity, fairness, and decorum should not be sacrificed on the altar of legal technicalities.

“The rules of court should not be applied in a way that brings disgrace to the judiciary itself,” he warned.
“She is still the Chief Justice, the head of the Judiciary, and a colleague of those sitting on the bench.”

He pointed out that Article 19 of the Constitution guarantees all Ghanaians the right to a fair hearing, which includes the presumption of innocence and humane treatment, even in the face of allegations.

“Neither the court nor the committee should treat her as though she were an ordinary citizen,” he said.
“She remains the Chief Justice, and all the privileges, decency, and decorum must be available to her.”

Article 19: What It Means

Article 19 of Ghana’s 1992 Constitution outlines the Right to a Fair Trial. It states, among other things, that:

Every person charged with a criminal offence shall be presumed innocent until proven guilty;

Proceedings must be fair and open (unless otherwise required);

Accused persons must be treated with dignity.

Although Chief Justice Torkornoo has not been criminally charged, the spirit of Article 19 still applies, Ansa-Asare argues, especially because the investigation could lead to her removal from a highly respected position.

A Delicate Case for Ghana’s Judiciary

This is a sensitive moment in Ghana’s legal and political history. It is rare for a Chief Justice—the highest judicial officer in the land—to be suspended, let alone investigated.

Many legal experts, law students, and members of the general public are keenly observing the situation, not just to see the outcome but also to see how the process is conducted.

Mr. Ansa-Asare believes that Ghana’s reputation as a country that respects the rule of law and judicial independence is on the line.

“This is not just about one individual. The world is watching how Ghana treats its Chief Justice. We must be cautious not to damage the very institution we’re trying to protect,” he added.

Public Reactions Mixed

Reactions on social media and legal forums have been divided. Some Ghanaians believe the law should be applied strictly and equally, even if it involves the Chief Justice. Others say respect must be shown to someone who has spent decades serving the judiciary.

Here are some public comments:

“If she has done wrong, she must face the law like anyone else.”

“But she is still our Chief Justice. Let’s not forget respect and dignity.”

“This is a slippery slope. If we mistreat the head of the judiciary, what message are we sending to future judges?”

A Bigger Question: Can the Judiciary Investigate Its Own Without Bias?

The suspension of Justice Torkornoo has also revived old debates about whether Ghana’s judiciary is independent and strong enough to investigate one of its own without bias or favour.

Some argue that it’s impossible to be truly neutral when the person under investigation is a superior or a colleague. Others insist that the very integrity of the judiciary depends on its ability to clean its own house when needed.

Mr. Ansa-Asare didn’t question the committee’s authority, but he warned that how they handle the process is just as important as the final verdict.

“This is a moment of truth for the judiciary. It is not just about law—it is about conscience, about dignity, and about institutional respect.”

What’s Next?

As proceedings continue, Chief Justice Torkornoo remains suspended. The investigative committee is expected to hear evidence, both for and against her, before making a recommendation to the President, who will then decide whether or not she should be removed from office.

Meanwhile, the legal community is hoping for a speedy but fair resolution, so that confidence in the judiciary is not further eroded.

Conclusion: Justice Must Be Done—But It Must Also Be Seen to Be Done Respectfully

Mr. Kwaku Ansa-Asare’s comments are a reminder that justice is not just about punishment or legal arguments. It is also about treating people with fairness and dignity, especially those who have served the nation at the highest levels.

Whether Justice Gertrude Torkornoo is eventually cleared or removed, Mr. Ansa-Asare says she must not be treated with contempt or embarrassment. After all, she remains a symbol of Ghana’s legal tradition, and the way she is treated will speak volumes about the maturity of the country’s democracy.

As the proceedings continue, Ghanaians are watching—not just to see what happens, but to see how it happens.