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Ex-Chief Justice challenges removal from Supreme Court

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

In the motion, filed through her counsel, Justice Torkornoo is seeking multiple declarations that the President acted outside the powers conferred by the 1992 Constitution when he issued a removal warrant on September 1, 2025, which stripped her of both the office of Chief Justice and as a Justice of the Superior Court of Judicature.

She contends that the procedure set out under Article 146 of the Constitution, which mandates an inquiry by a properly constituted body before a Superior Court judge can be removed, was not followed.

Among the reliefs 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 adhering to the constitutionally required process.

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

Declare that the President’s warrant of removal is “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 as well as Order 55 of C.I. 47.

President John Dramani Mahama removed Chief Justice Gertrude Torkornoo from office in accordance with Article 149 (9) of the 1992 Constitution.

Her removal followed recommendations by a committee chaired by Justice Gabriel Pwamang, a Justice on the Supreme Court bench, within a four-month period of hearing, found that the grounds of stated misbehaviour under Article 146(1) had been established and recommended her removal from office.

“Now therefore, know ye all men that I, John Dramani Mahama, President of the Republic of Ghana, in pursuance of the said Article 146 (9), do hereby REMOVE the said Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo, from the office of Chief Justice and Justice of the Supreme Court, with effect from the date hereof.

In witness whereof, I have hereunto set my hand caused the Presidential Seal to be affixed at Accra this 1st of Sept 2025,” President declared in a statement.

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