Is President Mahama Interfering with Ghana’s Judiciary?

Ghana’s judiciary, long regarded as one of the few robust pillars of its young democracy, now finds itself at the centre of a political storm.

President John Dramani Mahama’s decision to suspend Chief Justice Gertrude Torkornoo has sparked accusations of executive overreach and triggered a fierce national debate over the independence of the courts. Critics warn of an alarming precedent, as Mahama—barely four months into his third term—wields constitutional authority in a manner that some see as deeply politicised. Is this a genuine attempt to cleanse the judiciary of partisan entrenchment, or an audacious power play cloaked in reformist rhetoric?

On April 22, 2025, President Mahama suspended Chief Justice Gertrude Torkornoo of the Supreme Court, marking the first time a chief justice has been suspended under Ghana’s 1992 constitution. The decision followed the submission of three petitions against her, which the president, after consulting with the Council of State, concluded presented a prima facie case warranting further investigation. A committee was subsequently formed to probe the allegations .

The move has sparked outrage, particularly from the opposition New Patriotic Party (NPP), which denounced the suspension as politically motivated and unconstitutional. NPP officials, including Henry Nana Boakye and Secretary-General Justin Fimpong-Kodua, criticized the decision as a violation of judicial independence and due process, threatening protests and demanding Torkornoo’s reinstatement. The Ghana Centre for Democratic Development also voiced concern, urging greater transparency and reform

This is not the first time President Mahama has been accused of interfering with the judiciary. In September 2023, he alleged that President Akufo-Addo had appointed over 80 judges to the bench to ensure favorable rulings for the ruling party. Mahama suggested that the judiciary had been “packed” with NPP-inclined judges to avoid accountability after leaving office. He urged NDC lawyers to prepare to balance the judiciary by taking up judicial appointments if the NDC returned to power .

Former Chief Justice Sophia Akuffo criticized Mahama’s remarks, describing them as unnecessary and potentially detrimental to the judiciary’s integrity. She emphasized that such comments could undermine public confidence in the judicial system.

According to legal experts, the president is constitutionally obligated to suspend a chief justice once a prima facie case is established and a disciplinary committee is constituted under Article 146 of the 1992 Constitution. Former Director of the Ghana School of Law, Kwaku Ansa-Asare, explained that the president may suspend the chief justice to prevent potential interference with the investigative process .

However, some critics argue that the suspension should only occur if the petition has merit. They caution against using the suspension as a tool for political leverage, emphasizing the need for impartiality and adherence to due process .

The suspension has elicited a range of reactions from various sectors of society. While some view it as a necessary step to uphold judicial accountability, others perceive it as an overreach by the executive. The Ghana Bar Association has called for transparency in the investigative process and urged all parties to respect the rule of law. Civil society organizations have also expressed concerns about the potential politicization of the judiciary and the implications for democratic governance.

As the nation grapples with these developments, the question remains: Is President Mahama interfering with Ghana’s judiciary? The suspension of Chief Justice Torkornoo and Mahama’s previous comments and actions suggest a pattern of behavior that some perceive as undermining judicial independence. However, others argue that his calls for reform are necessary to address legitimate concerns about the judiciary’s credibility and impartiality.

The coming weeks and months will be crucial in determining the future of Ghana’s judiciary. The government’s response to the suspension and the public’s reaction will likely shape the trajectory of judicial independence in the country. As Ghana continues to navigate these challenges, the need for a transparent, accountable, and independent judiciary remains paramount to uphold the rule of law and democratic principles.