Former Chief Justice Gertrude Torkornoo has filed an application at the Supreme Court contesting her removal from office by President John Dramani Mahama. She is seeking a declaration that the President acted unconstitutionally by using a removal warrant to strip her not only of her position as Chief Justice but also as a Justice of the Supreme Court.
According to her application, while the President may issue a warrant to remove a Chief Justice from office, that authority cannot be extended to terminate her tenure as a Justice of the Superior Court of Judicature. She argues that such action violates Article 146 of the 1992 Constitution, which outlines the procedure for removing a Justice of the Superior Courts.
The removal warrant, signed on September 1, 2025, revoked both her roles, prompting the legal challenge.
Reliefs Sought by Former CJ Torkornoo
In her petition, Justice Torkornoo is asking the apex court to:
- Declare that the President lacks the power to remove a Justice of the Superior Court without following the mandatory process in Article 146.
- Affirm that jurisdiction to hear a removal petition lies with a body properly constituted under Article 146(4) of the Constitution.
- Declare the September 1, 2025 removal warrant unlawful, null, void, and of no effect.
- Issue an order of certiorari to quash the removal warrant as unconstitutional.
- Grant any further reliefs the court deems appropriate.
The case is expected to spark significant legal debate on the scope of presidential powers under the Constitution and the independence of the judiciary in Ghana.
