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8th July 2025 5:19:00 PM
3 mins readBy: Andy Ogbarmey-Tettey
Chief Justice, Justice Gertrude Torkornoo, has proceeded to the ECOWAS Community Court in Abuja, Nigeria over her suspension from office by His Excellency President John Dramani Mahama.
The Chief Justice's recent suit follows several unsuccessful cases at the Supreme Court this year after her suspension.
Deputy Attorney-General and Minister for Justice, Justice Srem Sai, in a post on X dated July 8, revealed that the case was filed on July 4.
"Her Ladyship repeated the same allegations of human rights violations which are currently pending determination before our Supreme Court and, also, before our High Court in respect of the ongoing removal processes," he noted in his post.
Justice Srem Sai added that "Essentially, Her Ladyship argues that by her suspension, she 'has effectively been removed from her official capacity without a final determination, impairing her right to function and serve in a position she was constitutionally appointed to.'"
Justice Torkornoo was suspended on Tuesday, April 22, by President John Dramani Mahama following the establishment of a prima facie case based on separate petitions calling for her removal.
The action was in accordance with Article 146(6) of Ghana’s 1992 Constitution and comes after consultations with the Council of State.
However, the Chief Justice in her fact of case at the Supreme Court noted that the president's purported prima facie determination contained no reasons or justification and was entirely devoid of the elements of judicial or quasi-judicial reasoning expected under the Constitution.
Among other things, she seeks a declaration that upon a true and proper interpretation of articles 146(1), (2), (4), 125(3) and (4), 127(1) and (2) and 296 of the Constitution, the purported determination by the President that a prima facie case has been established against the Plaintiff as conveyed in the letter dated 22nd April 2025, together with the warrant of suspension of the Plaintif, constitute an unjustified attempt to remove the Plaintiff as Head of Ghana’s Judiciary and thus, an undue infringement on the independence of the Judiciar
President Mahama set up a five-member committee to probe her removal petitions, including Justice Gabriel Scott Pwamang—Supreme Court Justice (Chairman), Justice Samuel Kwame Adibu-Asiedu—Supreme Court Justice, Daniel Yaw Domelevo—Former Auditor-General Major Flora Bazwaanura Dalugo, Ghana Armed Forces Representative Prof. James Sefah Dzisah, and Associate Professor at the University of Ghana.
Justice Gertrude Torkornoo has reiterated allegations of unconstitutionality with regard to the process of her removal, as well as infringement of her rights during the hearing by the committee set up by the president.
She submitted a supplementary affidavit, but the Supreme Court on May 28 dismissed the affidavit filed on May 26, where the suspended Chief Justice made allegations of rights abuse by the committee.
The suspended Chief Justice wants Justice Gabriel Scott Pwamang, who as has been named Acting Chief Justice, from presiding as Chairman of the commitee or participating in the proceedings of the committee set up to inquire into the petitions against her.
Justice Torkornoo has filed an application for judicial review, however, the Attorney General has filed a motion at the Human Rights Division of the High Court, seeking to strike out the application.
Meanwhile, the government's spokesperson, Felix Kwakye Ofosu, has refuted claims made by Justice Torkornoo, noting that the Chief Justice's suspension aligns with the constitution.
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