Attorney Requests EOCO to Bring Charges Against Rejected Chief JusticeAttorney Requests EOCO to Bring Charges Against Rejected Chief Justice

Torkornoo is the target of criminal allegations brought by Afedo for allegedly misusing court funds.

Attorney Requests EOCO to Bring Charges Against Rejected Chief Justice
Attorney Requests EOCO to Bring Charges Against Rejected Chief Justice

James Kofi Afedo, a private attorney, has filed a formal petition with the Economic and Organised Crime Office (EOCO) calling for the immediate arrest and prosecution of disgraced Chief Justice Gertrude Araba Esaaba Sackey-Torkornoo on charges of misusing public funds to cause financial loss to the state.

This week’s petition charges the former Chief Justice with intentionally or carelessly misusing Judicial Service monies while in charge of Ghana’s legal system. Afedo explicitly points to infractions of Section 96(1)(c) and (d) of the Public Financial Management Act, 2016 (Act 921).

The case alleges that Torkornoo paid per diem for what Afedo characterises as a private vacation trip to Tanzania in 2023 and used Judicial Service funds to cover her husband’s travel expenditures. The petition also claims that her daughter’s trip to the United States of America, along with the per diem payments that went along with it, involved similar misuse of public funds.

The accusations come weeks after Torkornoo was removed from office by President John Dramani Mahama on September 1, 2025, in response to suggestions made by a five-member inquiry committee led by Justice Gabriel Pwamang of the Supreme Court. After the committee discovered reasons to fire her, she was removed in accordance with Article 146(9) of the 1992 Constitution of Ghana.

In the ongoing legal drama surrounding the former Chief Justice, who was first placed on leave on April 22, 2025, while several petitions against her behaviour were investigated, Afedo’s petition is the most recent development. The suspension came after preliminary investigations revealed enough evidence to warrant a formal probe.

The former Chief Justice may face criminal penalties in addition to her constitutional removal from office, as the petition to EOCO demands criminal prosecution under Ghana’s economic crimes legislation. The EOCO, which was created to fight organised crime, financial crime, and corruption, would have to decide if the claims are serious enough to warrant a criminal probe.

Beyond her home issues, Torkornoo has sued Ghana for $10 million in the Economic Community of West African States (ECOWAS) Court of Justice, alleging that her suspension was a violation of her human rights. The former Chief Justice has contested the validity of her dismissal procedure and insists she is innocent.

The particular charges pertaining to family vacation costs are a subset of more general misbehaviour allegations that resulted in her dismissal. The initial petitions contained numerous claims of administrative malfeasance and financial impropriety when she was Chief Justice.

Afedo’s petition highlights his position as an interested citizen who wants public leaders to answer to him. The attorney contends that bringing charges against the former Chief Justice will show Ghana’s dedication to upholding the rule of law and discouraging corruption in the public sector.

Although the Economic and Organised Crime Office normally carries out initial evaluations prior to deciding whether to launch formal investigations, the office has not publicly addressed the petition. EOCOs

Participation would give what have mostly been administrative and constitutional proceedings criminal undertones.

According to legal experts, the petition is likely to encounter major procedural obstacles, such as enquiries concerning jurisdiction and the connection between criminal proceedings and constitutional removal procedures. The timing of criminal charges after constitutional removal presents difficult legal issues pertaining to procedural justice and double jeopardy.

The legal team of the former Chief Justice has previously denied similar claims, calling them “unfortunate untruths” that stem from a lack of knowledge about the processes involved in judicial administration. Torkornoo has previously responded to petitions by denying allegations of financial impropriety.

The case demonstrates the continuous conflicts in Ghana’s constitutional structure between judicial independence and accountability. There are concerns regarding the proper procedures for handling claims of judge misconduct when criminal prosecution and constitutional removal procedures collide.

Torkornoo, meantime, has petitioned the High Court to stop her dismissal, claiming the President’s warrant was illegal and in violation of Article 146 procedures. Her challenge results in concurrent court cases that explore her removal’s constitutionality as well as possible criminal responsibility.

When it comes to filing criminal charges against fired constitutional officers, EOCO’s answer to Afedo’s appeal may set significant precedents. The organization’s choice will probably take into account the quality of the evidence, considerations of public interest, and the legal precedents that govern the prosecution of former judges.

The petition represents a larger public conversation concerning the proper balance between preserving judicial independence and making sure public officials are held accountable for their actions while in office, as well as accountability for Ghana’s constitutional officers.

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By Flyfmgh

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