The Attorney-General’s Department has filed an affidavit opposing an application by former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, who is seeking to invoke the supervisory jurisdiction of the High Court to challenge her removal from office.
The affidavit, sworn on September 23, 2025, by State Attorney Reginald Nii Odoi on behalf of the Attorney-General, argues that the application is without merit and should be dismissed.
The Attorney-General contends that two separate petitions for Justice Torkornoo’s removal remain pending before the Article 146 committee. It stressed that under the Constitution, the contents of such petitions are confidential until the President acts on the committee’s recommendations. The AG has therefore asked the court to strike out portions of Justice Torkornoo’s affidavit that disclose details of the petitions, insisting they are protected by the in-camera rule.
On the substantive issue, the affidavit emphasised that the office of Chief Justice is unique and distinct from other judicial positions, requiring a fresh appointment rather than elevation from within the judiciary. By that reasoning, the removal of a Chief Justice automatically ends her ex-officio membership of the Supreme Court and other Superior Courts.
It further argued that the inclusion of “Justice of the Supreme Court” in the presidential warrant of removal was only to clarify the law and eliminate any ambiguity regarding her status.
Concluding, the Attorney-General urged the High Court to dismiss the application, describing the matter as a proper case for the court to exercise its jurisdiction in favour of the state.
Justice Torkornoo, removed earlier this month following a citizen’s petition, is contesting the legality of her dismissal, claiming it was unconstitutional and violated her rights.
Meanwhile, President John Mahama has nominated His Lordship Justice Paul Baffoe-Bonnie as the next Chief Justice of Ghana. The nomination, announced by Presidential Spokesperson Felix Kwakye Ofosu on Tuesday, September 23, was made under Article 144(1) of the 1992 Constitution. His name has since been forwarded to the Council of State for consideration.
Source:Lovinghananews.com
