The removal of former Chief Justice Gertrude Torkornoo has stirred intense national debate, but retired Supreme Court judge Justice William Atuguba has strongly defended the decision.
In an exclusive interview on JoyNews’ The Pulse, Justice Atuguba argued that the action was a necessary step to uphold the constitutional pillars of accountability, probity, and transparency.
At the heart of the controversy is whether the misapplication of public funds cited as the reason for Justice Torkornoo’s removal—was sufficient to end her tenure. Justice Atuguba insists it was.
“It’s a plausible view, but that doesn’t make it wrong to remove her on that account, because accountability, probity, and transparency are the cornerstones of our Constitution,” he said.
For him, the judiciary—the very institution entrusted with enforcing these values must itself be held to the highest standard. His comments come against the backdrop of a 2024 Afrobarometer report showing that 62% of Ghanaians expressed little or no trust in the judiciary, underscoring the urgency of restoring credibility.
Justice Atuguba drew parallels with past cases where individuals were prosecuted and jailed for causing financial loss to the state. He questioned why a Chief Justice should be treated differently.
“People have been jailed for misapplication of funds, causing financial loss… so I don’t see how similar conduct, when it involves the CJ, should not attract serious consequences, even criminal sanctions.”
The allegations against Justice Torkornoo included the use of state funds for personal international trips with family members to Tanzania and the United States and the payment of per diems to them. Justice Atuguba described the amounts involved as significant, stressing that the misconduct could have persisted for years had it not been uncovered.
“Now look at it; assuming this state of affairs were not discovered, it would have continued. She had about eight years left in office, and it could have escalated.”
Justice Torkornoo was officially removed on September 1, 2025, after an Article 146 Committee of Inquiry found her guilty of stated misbehaviour. Article 146 (1) of the Constitution allows for the removal of superior court judges only on grounds of misbehaviour or incompetence, ensuring due process.
Justice Atuguba concluded that the decision was neither political retribution nor an overreach, but a necessary precedent to reinforce judicial integrity and restore public confidence in Ghana’s accountability system.
