Legal practitioner and political analyst Eugene Breakdown has waded into the ongoing debate about the powers of the presidency, warning that President John Dramani Mahama has no authority to arbitrarily remove the Chief Justice, Justice Gertrude Araba Esaaba Sackey Torkornoo, of the Republic. Speaking passionately on Nhyira FM, he cited Article 146(1) of the 1992 Constitution, which outlines the strict conditions under which the Chief Justice can be removed from office.
According to Eugene Breakdown, the law provides only three legal grounds for the removal of a sitting Chief Justice: stated misconduct, incompetence, and incapacity due to sickness. He emphasized that these are the only valid conditions under which removal is permissible, and no President—not even President Mahama—has the power to dismiss Chief Justice Torkornoo at will.
Eugene Breakdown cautioned that any attempt to remove the Chief Justice outside these constitutional provisions would be unlawful and constitute a direct assault on Ghana’s democracy. He explained that the framers of the 1992 Constitution deliberately created robust safeguards to protect judicial independence, recognizing that the Chief Justice’s role is too critical to be subjected to political whims.
He said, “The judiciary is the last hope of the ordinary citizen. Once you politicize it, the whole nation suffers. That is why the Constitution makes it extremely difficult to remove a Chief Justice without clear and compelling reasons.”
His comments have already sparked reactions across political lines. Supporters of President Mahama have described the concerns as exaggerated, while opposition voices insist the remarks reflect genuine fears about creeping executive overreach. Analysts suggest the debate could become a flashpoint in Ghana’s political discourse, especially given current attention on governance, accountability, and separation of powers.
Eugene Breakdown concluded his remarks with a strong reminder: the Constitution is the supreme law of the land, and no individual—President, Parliament, or anyone else—is above it. He insisted that the office of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo must be protected at all costs.
Source: NHIYRA FM