Suspended CJ, Torkonoo’s 6 alleged constitutional violations in her trial

The Suspended Chief Justice, Justice Gertrude Torkornoo, has raised grave concerns about what she describes as disturbing violations of her constitutional rights and breaches of natural justice in the process to remove her from office.

In a statement issued at a press conference on Wednesday, June 25, Justice Torkornoo decried the “irregularities and illegalities” she has endured since the start of the proceedings.

She explained that in an attempt to protect her rights and preserve the sanctity of Ghana’s justice system, she filed an application at the Supreme Court for the proceedings to be held in public.

However, her request was denied, and a supplementary affidavit detailing human rights violations was struck out on the request of the Attorney-General.

“The violations have not stopped,” she lamented, “but have escalated beyond anything I could have imagined as possible in justice delivery.”

Justice Torkornoo outlined the specific violations she says have tainted the process, insisting that the secrecy surrounding the hearings is not constitutionally intended to shield misconduct or political agendas.

She contends that the current process not only undermines her position but sets a dangerous precedent for the future of judicial independence in Ghana.

Below are the alleged violations cited by her

• Denial of legal representation: Her counsel was not recognised on the first day of proceedings because she was not personally present, despite her lawyer being physically in attendance.
• Lack of clarity on charges: The Committee allegedly failed to specify which allegations had met the threshold of a prima facie case or provide reasons, hindering her ability to mount an adequate defence.
• Inability to cross-examine petitioners: The Committee reportedly permitted two petitioners, Mr Daniel Ofori and Shining Stars, not to testify, depriving them of the right to challenge their claims.
• Personal restrictions: She was denied the presence of her husband or a close family member during proceedings.
• Invasive treatment: Justice Torkornoo alleges she was subjected to thorough body and handbag searches, contrary to courtesies typically afforded the Chief Justice.
• Intimidating venue: The hearings are being held at the Adu Lodge facility, a high-security zone historically associated with the abduction and murder of judges in 1981, a tragic incident involving her late guardian, Major Sam Acquah. She questioned whether the choice of venue was meant to instill fear.

Justice Torkornoo insisted that there is no justification for holding a quasi-judicial hearing in such a location, stating, “I continue to hold the view that there is no reason to hold a quasi-judicial hearing behind the high walls of Adu Lodge.”

She called for transparency, constitutional integrity, and the protection of justice in Ghana, warning that the precedent being set could have long-lasting repercussions for all future holders of high judicial and constitutional offices.