Former Chief Justice, Mrs. Gertrude Sackey Torkornoo, has filed a fresh legal action seeking the reversal of her removal from office as the Chief Justice and a Justice of the Supreme Court.
According to her, the Warrant of Removal executed by the President on September 1, 2025, purportedly removing her from both the office of Chief Justice and office of a Justice of the Superior Court of Judicature, is unlawful.
Mrs. Torkornoo, per the action seeking judicial review stated two grounds for her application are: the first being an Illegality and want of power under Article 146 of the Constitution under which the President executed the warrant of September 1, 2025.
The second, a “Lack of jurisdiction in the Article 146 Committee set up by the President to recommend removal of Chief Justice to recommend removal of a Justice of Superior Courts from office.”
Affidavit in Support
In her affidavit in support, Mrs. Torkornoo stated that, “on September 1, 2025, I received communication from the President of Ghana that I had been removed from office as both the Chief Justice of Ghana and a Justice of the Supreme Court of Ghana on the basis of a report and recommendations of the Article 146 Committee.”
Mrs. Torkornoo argued that the Committee set up to consider the petitions for her removal from office as Chief Justice lacked jurisdiction to recommend her removal as a Justice of the Superior Court.
“The Committee was set up, as stipulated under Article 146(6) of the Constitution, to consider whether or not to recommend my removal as Chief Justice of the Republic of Ghana, but not as a Justice of the Supreme Court of Ghana.”
Mrs. Torkornoo claimed that the President acted contrary to and in excess of the powers conferred on him by Article 146 of the Constitution.
“That by purporting to remove me from office both as a Justice of the Supreme Court of Ghana and as a Chief Justice by the Warrant dated September 1, 2025, the President acted contrary to, and in excess of the powers conferred on him by article 146 of the Constitution,” she stated.
Relief Sought
Mrs. Torkornoo is seeking the following reliefs:
(a). 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;
(b). 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
(c) a declaration that the Warrant of Removal executed by the President dated 1st September, 2025 purportedly removing the applicant herein from both the office of Chief Justice and office of a Justice of the Superior Court of Judicature is unlawful, null, void and of no effect;
(d). an order of certiorari to bring into this Honourable Court for the purpose of being quashed and for quashingthe Warrant of Removal dated September 1, 2025 referred to in (c) above, and to quash same as being in violation of the mandatory provisions regarding the removal of a Justice of the Superior Court of Judicature from office.