Former Chief Justice Gertrude Torkornoo Challenges Removal in Court
Accra, Ghana - September 17, 2025 - Former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo has filed an application for judicial review at the High Court, contesting the legality of her removal from office as Supreme Court Judge by President John Dramani Mahama. The motion, filed through her counsel, seeks multiple declarations that the President acted beyond his constitutional powers when he issued a removal warrant on September 1, 2025.
Justice Torkornoo was removed from office following a recommendation by a committee set up to investigate petitions against her, citing stated misbehavior. The committee, chaired by Justice Gabriel Pwamang, found that the grounds of stated misbehavior under Article 146(1) of the 1992 Constitution had been established, leading to her removal. President Mahama acted on this recommendation, citing Article 146(9) of the Constitution, which requires the President to follow the committee's recommendations.
In her application, Justice Torkornoo argues that the President's action was unconstitutional, as the procedure outlined in Article 146 of the Constitution was not followed. Specifically, she contends that an inquiry by a properly constituted body is mandatory before a Superior Court judge can be removed. According to her, this safeguard for judicial independence was ignored in her case.
Torkornoo's legal team is seeking several declarations from the High Court, including:
- A declaration that the President lacks the authority to remove Superior Court judges without following the constitutionally mandated process.
- A declaration that only a body established under Article 146(4) has the jurisdiction to hear removal petitions against Superior Court judges.
- A declaration that the President's removal warrant is unlawful and has no legal effect.
The case, titled The Republic v. Attorney-General, Ex Parte Justice Gertrude Araba Esaaba Torkornoo, invokes Articles 23 and 141 of the Constitution, as well as Order 55 of C.I. 47. The application is expected to test the scope of presidential powers in relation to the removal of superior court judges, with far-reaching implications for judicial independence and constitutional governance in Ghana.
Source – Lead News Online/Jeff Ago
