Torkornoo Takes President Mahama's Removal Decision to Court
Accra, Ghana - September 17, 2025 - In a bold move, former Chief Justice Gertrude Torkornoo has petitioned the High Court to review the legitimacy of her dismissal as a Supreme Court Judge by President John Dramani Mahama, citing grave constitutional concerns. Through her legal team, Torkornoo is seeking a series of declarations that affirm the President overstepped his authority when he issued the removal warrant on September 1, 2025.
The application challenges the President's decision, arguing that the procedure outlined in Article 146 of the Constitution was flagrantly disregarded, thereby rendering the removal unlawful.
Torkornoo's lawsuit asserts that the President's actions constitute an unconstitutional overreach, violating the principles of judicial independence and the separation of powers. Her legal team emphasizes that removing a Justice of the Supreme Court requires a distinct process, separate from that of removing a Chief Justice, and that the committee set up to investigate petitions against her lacked jurisdiction to recommend her removal as a Supreme Court Judge.
The case has sparked intense debate about the extent of presidential power and the safeguards available to judicial officeholders under Ghana's constitution. With far-reaching implications for the country's democracy, Torkornoo's challenge seeks to clarify the constitutional boundaries of presidential authority in relation to the judiciary.
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.
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
