Private legal practitioner Martin Kpebu has explained that the most senior Justice of the Supreme Court will assume the role of Chief Justice in an acting capacity following the suspension of Justice Gertrude Araba Esaaba Sackey Torkornoo.

He referenced constitutional provisions to support his position, noting that “There’s a specific provision for it in the constitution. It is explicitly written that in the absence of the Chief Justice, the most senior justice of the Supreme Court takes over so it means that Justice Paul Bafful Bonnie is the acting Chief Justice, there can be no two ways about that.”

President John Dramani Mahama, after consulting the Council of State and acting in accordance with Article 146(6) of the Constitution, has determined that a prima facie case exists in relation to three separate petitions filed against the Chief Justice. As a result, he has suspended her from her duties.

The Constitution’s Article 144(6) outlines the procedure in such a situation. It states that where the office of Chief Justice is vacant, or where the Chief Justice is unable to perform the functions of the office for any reason, those functions shall be performed by the most senior of the Justices of the Supreme Court, until a new Chief Justice is appointed or the incumbent resumes their duties.

A statement issued on Tuesday, April 22, confirmed the President’s decision.

It stated, “Pursuant to Article 146(10) of the constitution and in accordance with the advice of the Council of State, the President has by a warrant, suspended the Chief Justice with immediate effect pending the outcome of the committee’s proceedings.” The statement, signed by the Minister in Charge of Government Communication, Felix Kwakye Ofosu, further explained that the President had formed a committee to investigate the petitions, acting in compliance with Article 146(6) and in consultation with the Council of State.

President Mahama referred the petitions, which call for the removal of Justice Torkornoo, to the Council of State in accordance with constitutional procedure.

A statement from the Communications Directorate of the Presidency on Tuesday, March 25, 2025, confirmed that the petitions were filed by several individuals urging action. The Chief Justice has since submitted a response to the petitions.

The Supreme Court has scheduled May 6 to hear injunction applications seeking to halt the removal process. When the case was called on Wednesday, April 16, the panel, chaired by Justice Osei Bonsu and comprising four justices instead of the usual five, noted that the adjournment was due to “unavoidable reason,” as Justice Samuel Asiedu was absent.

During an earlier hearing, former Attorney General Godfred Yeboah Dame, who represents the Old Tafo Member of Parliament in one of the injunction applications, argued that the President should suspend all Council of State consultations pending the court's decision.

He maintained that the law bars the continuation of such procedures while an injunction is under consideration.

Responding to that claim, Attorney General Dr. Dominic Ayine countered that there is no legal barrier preventing the President from discharging his constitutional duties.

He asserted, “He needs to understand that this is the performance of a constitutional duty and the law is very clear that you cannot enjoin the performance of a constitutional or public obligation.”