This Saturday on Prime Insight: Experts to dissect national flood response and Torkonoo saga

Ghana's legal landscape is currently grappling with two significant national issues: the efficacy and accountability of its flood response mechanisms and the definitive legal conclusion of the high-profile removal of former Chief Justice Gertrude Torkornoo. Recent Supreme Court and ECOWAS Court decisions have upheld the constitutionality of the process leading to Justice Torkornoo's dismissal, marking a critical moment for judicial accountability and constitutional interpretation. Concurrently, ongoing discussions surrounding national flood relief efforts highlight persistent challenges in disaster risk management, underscoring the need for robust legal and policy frameworks to ensure effective prevention, mitigation, and response. This article delves into the legal underpinnings and implications of these developments for legal practitioners in Ghana.

Ghana's legal and governance structures are under intense scrutiny, with two prominent national issues dominating public discourse and legal analysis. Firstly, the nation's capacity and legal framework for responding to perennial flood disasters have come into sharp focus, particularly in the wake of recent devastating events. The effectiveness of state institutions and the adequacy of existing legislation in managing post-flood relief efforts and preventing future occurrences are critical concerns for both the public and legal professionals alike.

Secondly, the legal community has closely followed the unprecedented 'Torkornoo saga,' involving the removal of former Chief Justice Gertrude Torkornoo. This matter, which culminated in definitive rulings from both Ghana's Supreme Court and the ECOWAS Court of Justice, has profound implications for judicial independence, constitutional interpretation, and the process of accountability for high-ranking judicial officers. This article provides a comprehensive overview of the legal frameworks governing national disaster response and dissects the judicial decisions that have brought finality to the challenges surrounding the former Chief Justice's removal, offering insights for legal practitioners navigating these complex areas of Ghanaian law.

Ghana's approach to disaster management is primarily governed by the National Disaster Management Organisation Act, 2016 (Act 927), which established the National Disaster Management Organisation (NADMO). This Act mandates NADMO with broad responsibilities encompassing disaster prevention, mitigation, response, relief, rehabilitation, reconstruction, and recovery. Complementing this, the Environmental Protection Act, 2025 (Act 1124), which replaced the Environmental Protection Agency Act, 1994 (Act 490), provides a comprehensive framework for environmental protection, climate change response, and waste management, all of which are intrinsically linked to flood resilience. Other institutions, such as the Water Resources Commission and Metropolitan Assemblies, also play roles in regulating waterways and managing urban drainage, respectively.

The 'Torkornoo saga' centers on the removal of Justice Gertrude Araba Esaaba Sackey Torkornoo, who was sworn in as the 15th Chief Justice of Ghana on June 12, 2023. Her removal from office on September 1, 2025, by President John Dramani Mahama, followed a committee of inquiry's recommendation under Article 146 of the 1992 Constitution. Article 146 outlines the stringent process for the removal of a Justice of a Superior Court, including the Chief Justice, for 'stated misbehaviour' or 'inability to perform the functions of his office.' This constitutional provision is a cornerstone of judicial accountability, balanced against the imperative of judicial independence enshrined in Article 127 of the 1992 Constitution.

The national flood response framework, while seemingly robust on paper with the NADMO Act, 2016 (Act 927), faces significant implementation challenges. The recurring nature of flood disasters in Ghana points to persistent gaps in effective disaster risk reduction and management. Issues such as inadequate drainage systems, unchecked encroachment on natural waterways, poor spatial planning, and weak enforcement of building regulations continue to undermine preventive measures. Legal practitioners must therefore consider the potential for litigation arising from governmental negligence or failure to enforce existing laws, particularly concerning property damage, loss of livelihood, and human rights violations during and after flood events. The 'accountability gap' identified in the lack of transparent enforcement records for institutions like the Accra Metropolitan Assembly, Water Resources Commission, and Environmental Protection Agency presents an avenue for legal advocacy and calls for greater transparency and adherence to statutory duties.

The 'Torkornoo saga' has provided critical jurisprudence on the interpretation and application of Article 146 of the 1992 Constitution. The former Chief Justice was removed following findings of 'stated misbehaviour,' which included improper claims of travel allowances for family members, constituting unlawful expenditure of public funds, breaches of constitutional procedures in staff transfers (Articles 296(a) and (b)), and attempts to bypass established processes for judicial appointments. Her subsequent legal challenges at both the Supreme Court of Ghana and the ECOWAS Court of Justice sought to overturn her dismissal, alleging human rights violations and procedural irregularities.

However, both courts delivered definitive rulings upholding her removal. On June 24, 2026, the ECOWAS Court of Justice dismissed all claims, affirming that Ghana had not violated her rights. This was followed by a unanimous decision from Ghana's Supreme Court on July 2, 2026, which dismissed all consolidated cases challenging her dismissal, ruling that the suits lacked merit and the removal process was constitutional. The Supreme Court specifically held that President John Dramani Mahama acted within the bounds of Article 146(6) by initiating removal proceedings without an 'antecedent hearing' before the prima facie determination, clarifying the procedural requirements for judicial accountability under the Constitution. These judgments underscore the judiciary's commitment to internal accountability, even for its highest office, and provide a clear precedent for the application of Article 146.

For legal practitioners in Ghana, the recent developments in national flood response and the Torkornoo saga offer crucial insights and potential areas for engagement. Regarding flood response, attorneys should be acutely aware of the statutory duties imposed on NADMO and other state agencies by the National Disaster Management Organisation Act, 2016 (Act 927), and the Environmental Protection Act, 2025 (Act 1124). The persistent failures in flood management may give rise to claims of administrative dereliction or negligence, necessitating a deeper understanding of public law remedies and accountability mechanisms. Practitioners should monitor legislative efforts to strengthen enforcement and address the identified 'accountability gap' in disaster preparedness and mitigation.

The finality of the Supreme Court and ECOWAS Court decisions in the former Chief Justice Torkornoo's case sets a significant precedent for judicial accountability and constitutional law in Ghana. These rulings reinforce the integrity of the Article 146 removal process and clarify the procedural safeguards for high-ranking judicial officers. Lawyers advising on constitutional matters, judicial ethics, or public service accountability must now consider this jurisprudence as a definitive interpretation of the balance between judicial independence and the imperative for accountability. The saga serves as a powerful reminder of the rigorous standards of conduct expected from judicial office holders and the robust constitutional mechanisms in place to address breaches of public trust.