Full response: Chief Justice rejects misconduct allegations, cites lack of evidence and legal standing

The Chief Justice, Her Ladyship Justice Gertrude Sackey Torkornoo, has strongly denied allegations of misconduct and incompetence levelled against her in a petition submitted to the President by private citizen Daniel Ofori, describing the claims as unfounded and unsupported by evidence.

In a detailed response addressed to President John Mahama at Jubilee House, the Chief Justice dismissed all 25 allegations—including 21 of misconduct and four of incompetence—arguing that the petitioner failed to present the necessary evidence to establish a prima facie case, as required under Article 146(1) of the 1992 Constitution.

“Despite the number of complaints submitted in this petition, no evidence of the subject matters raised have been presented to even raise a presumption of wrongdoing,” Justice Torkornoo stated.

She further questioned the legal standing of Ofori, noting that many of the allegations concerned third parties who had not authorised the petitioner to act on their behalf.

Travel allegations and financial accountability

Addressing specific claims—including one concerning the misuse of public funds for travel—the Chief Justice clarified that she neither authorises nor administers her own per diems and travel arrangements. These are determined by the Article 71 Committee and processed by the Judicial Secretary and Director of Finance, she noted.

“I am not a signatory to any account and do not have access to the accounts of the Judicial Service,” she emphasised.

Supporting documentation, including travel receipts and retirement of imprests, was attached to her submission as proof of transparency.

Court Records Tampering Accusation Denied

On allegations of interference in judicial proceedings, particularly the case involving Hon. James Gyakye Quayson, Justice Torkornoo described the claims as baseless. She revealed that the matter of digitally altered court records was referred to the National Signals Bureau for investigation and that she had no direct contact with any accused staff members.

“As head of the Judiciary, I had no duty to interact with the lawyer of the accused person. All other processes were handled by the relevant officers,” she stated.

Previously Resolved Matters and ‘Double Jeopardy’

Justice Torkornoo also accused the petitioner of reviving previously dismissed claims, including those raised in a similar petition by Professor Stephen Kwaku Asare in 2024. She cited legal doctrines such as res judicata and autrefois acquit, arguing that the Constitution prohibits retrying the same issue in the same forum.

She urged the President to recognise the finality of past determinations made in consultation with the Council of State, especially concerning her role in nominating judges and the transfer of Justice Anokye Gyimah.

Decisions grounded in Law

Addressing the four allegations of incompetence, the Chief Justice stated that all decisions cited by the petitioner were based on constitutional and statutory mandates and not on arbitrariness as claimed.

“Each of the decisions complained about has been sufficiently shown to be grounded in the Constitution, in policy, statutory and regulatory considerations, and established practice,” she stated.

In conclusion, Justice Torkornoo prayed that the President and Council of State find no prima facie case for her removal.