Former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo has initiated legal action at the High Court, seeking to overturn her removal from office by President John Dramani Mahama.
In a judicial review application filed through her lawyers, Justice Torkornoo contends that the President exceeded his constitutional authority when, on September 1, 2025, he issued a warrant dismissing her as both Chief Justice and as a Justice of the Superior Court of Judicature.
She argues that the procedure prescribed under Article 146 of the 1992 Constitution — which requires an inquiry by a duly constituted body before a Superior Court judge can be removed — was not followed.
Among the reliefs sought, Justice Torkornoo is asking the court to:
- Declare that the President has no power to remove a Superior Court judge without adhering to the constitutionally mandated process.
- Affirm that jurisdiction over any removal petition lies solely with a body established under Article 146(4).
- Rule that the September 1 removal warrant is “unlawful, null, void, and of no effect.”
The case, titled The Republic v. Attorney-General, Ex Parte Justice Gertrude Araba Esaaba Torkornoo, is being pursued under Articles 23 and 141 of the Constitution and Order 55 of C.I. 47.
Legal analysts say the outcome could set a precedent on the scope of presidential authority over the judiciary, with far-reaching implications for judicial independence and constitutional governance in Ghana.
Leave a Reply