Torkornoo challenges her removal as Justice of the Supreme Court

Justice, Gertrude Torkornoo

Former Chief Justice, Justice Gertrude Araba Esaaba Sackey Torkornoo, has filed an application for judicial review at the High Court, contesting the legality of her removal as a Supreme Court Judge by President John Dramani Mahama.

Through her counsel, Justice Torkornoo argues that the President acted outside the powers granted under the 1992 Constitution when he issued a removal warrant on September 1, 2025, which stripped her of both the office of Chief Justice and her position as a Justice of the Superior Court of Judicature.

She maintains that the procedure outlined in Article 146 of the Constitution, which requires an inquiry by a duly constituted body before a Superior Court judge can be removed, was not followed.

Among the reliefs being sought, Justice Torkornoo is asking the High Court to:

  • Declare that the President has no authority to remove a Justice of the Superior Court without following the constitutionally mandated process.

  • Affirm that jurisdiction to hear any removal petition against a Justice of the Superior Court lies exclusively with a body established under Article 146(4).

  • Declare the President’s removal warrant “unlawful, null, void, and of no effect.”

The case, titled The Republic v. Attorney-General, Ex Parte Justice Gertrude Araba Esaaba Torkornoo, invokes Articles 23 and 141 of the Constitution, alongside Order 55 of C.I. 47.

The application is expected to test the limits of presidential authority over judicial removals, raising critical questions about constitutional governance and the independence of the judiciary in Ghana.

Source: Adomonline

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