Former Chief Justice, Justice Gertrude Araba Esaaba Sackey Torkornoo, has moved to the High Court with an application for judicial review, contesting the legality of her removal from office by President John Dramani Mahama.
Through her counsel, Justice Torkornoo argues that the President exceeded his constitutional authority when he issued a removal warrant on September 1, 2025, which stripped her of both the office of Chief Justice and that of a Justice of the Superior Court of Judicature.
She maintains that the procedure prescribed under Article 146 of the 1992 Constitution—which requires an inquiry by a properly constituted body before a Superior Court judge may be removed—was not followed.
In her motion, Justice Torkornoo is seeking the following reliefs:
- A declaration that the President is devoid of power to remove a Justice of the Superior Court from office without recourse to the mandatory procedure set out in Article 146 of the Constitution.
- A declaration that jurisdiction to hear a petition for the removal of a Justice of the Superior Court from office lies with a body properly constituted under Article 146(4) of the 1992 Constitution.
- A declaration that the warrant of removal executed by the President on September 1, 2025, purporting to remove her from both the office of Chief Justice and Justice of the Superior Court of Judicature, 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, alongside Order 55 of C.I. 47.
The application is expected to test the limits of presidential authority over judicial officers, with significant implications for judicial independence and constitutional governance in Ghana.
Source:Lovinghananews.com
