Sam Okudzeto: Former GBA President warns suspension of Chief Justice could damage investor confidence

The former President of the Ghana Bar Association (GBA), Samuel Okudzeto has raised concerns over the suspension of Chief Justice Gertrude Torkornoo, warning that the move—although potentially legal—could send troubling signals to the international community and deter potential investors from engaging with Ghana.

On Tuesday, President John Dramani Mahama suspended Chief Justice Gertrude Sackey Torkornoo following the determination of a prima facie case in three petitions filed for her removal from office. To investigate the matter further, the president established a five-member committee chaired by Justice Gabriel Scott Pwamang, a Supreme Court Justice.

While the suspension is backed by constitutional provisions, Mr Sam Okudzeto cautioned that the lack of clarity in Ghana's constitutional framework regarding the use of presidential discretionary powers could lead to unintended consequences.

A constitutional loophole

Commenting on the issue in a media interview, Mr Okudzeto expressed concern about what he described as significant loopholes in Ghana's 1992 Constitution. 

He noted that although the Constitution empowers the president to take action in certain situations, such as suspending a high-ranking judicial official, it fails to provide clear guidelines on how such powers should be exercised.

“When discretionary power is granted, there must be clear indications on how it will be exercised. Unfortunately, that is lacking,” he said.

He suggested that such actions should be governed by legislation or a constitutional instrument to ensure transparency and safeguards against potential misuse of power.

Investor confidence at risk

The former GBA president warned that the suspension of the Chief Justice—regardless of its constitutional basis—could severely damage the country’s international reputation.

“When you suspend a Chief Justice, the signal it sends to the international community is quite serious,” Okudzeto said. “I can assure you that many investors will hesitate to invest in a country with such a situation.”

He stressed that while constitutional actions may be legal, the way in which they are handled and the perceptions they create are critical, particularly in the global arena.

Okudzeto also raised concerns about the process behind the suspension, mentioning the constitutional requirement for the president to consult with the Council of State in certain matters. 

However, he questioned whether this step had been properly followed, stating, “How they do it, whether he has done it, I have no way of knowing.”

“This is not a personal worry,” he added. “It’s about the legality and sensitivity of the issue. We must be careful not just in acting legally, but also in how we handle the process.”