‘Misbehaviour is clear under Constitution’ - Atuguba challenges bid to overturn Torkornoo’s removal
Former Apex Court Judge Atuguba questions legal challenge to Torkornoo’s removal, insists ‘stated misbehaviour’ is clear under Constitution
Elohim Nyame 
Retired Supreme Court Justice, William Atuguba, has cast doubt on the prospects of a legal challenge against the removal of former Chief Justice, Gertrude Torkornoo, stressing that accountability must apply even to the highest judicial office.
Speaking in an interview with TV3 on Monday, 8 September 2026, Justice Atuguba queried the basis on which Mrs Torkornoo’s lawyers, led by former Attorney-General Nii Ayikoi Otoo, intend to contest her removal in court.
Mr Otoo, in an earlier interview on 6 September, described the removal as unfair, noting that the former Chief Justice “deserves an opportunity to clear her name”. He compared the move to the historic Re Akoto case, insisting that justice would be sought “at the right time”.
But Justice Atuguba dismissed suggestions that Mrs Torkornoo’s case is exceptional. “Are you saying that simply because somebody is a chief justice, you are entitled to misapply public funds and go free? Who is to set the best example? See, our constitution is based on transparency, accountability, and probity. And who is to enforce these policies? The courts,” he asserted.
The retired judge emphasised that the phrase “stated misbehaviour” is explicitly provided for under Article 146 of the 1992 Constitution, even if not formally defined. Drawing on precedent, he cited the removals of former CHRAJ Commissioner Loretta Lamptey and Electoral Commission Chair Charlotte Osei.
According to him, the phrase should be understood in its ordinary sense. “Misbehaviour means unacceptable behaviour, incorrect behaviour, and conduct that would not meet the approbation of ordinary, fair-minded people,” he explained.
Mrs Torkornoo was removed following the recommendation of a committee chaired by Justice Scott Pwamang, which found her culpable of misconduct, including the payment of per diem allowances to her husband and daughter.
Justice Atuguba concluded that the issue should be viewed from the perspective of the ordinary Ghanaian: “Stated misbehaviour really doesn’t depend on what I conceive it to be, but what we as a society are looking at.”
