Former Chief Justice Torkornoo drags state to court over ‘unlawful’ dismissal
By DL news
Published
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In her application, filed through legal counsel, Justice Torkornoo argues that the President exceeded his constitutional mandate when he issued a removal warrant on September 1, 2025, revoking both her role as Chief Justice and her seat on...
Former Chief Justice Justice Gertrude Araba Esaaba Sackey Torkornoo has applied to the High Court for a judicial review, contesting President John Dramani Mahama’s decision to remove her from office as a Justice of the Supreme Court.
In her application, filed through legal counsel, Justice Torkornoo argues that the President exceeded his constitutional mandate when he issued a removal warrant on September 1, 2025, revoking both her role as Chief Justice and her seat on the Superior Court of Judicature.
She maintains that Article 146 of the 1992 Constitution was ignored, stressing that the provision requires an investigation by a constitutionally established body before any judge of the Superior Court can be dismissed.
Among the remedies being pursued, Justice Torkornoo is asking the High Court to:
1. Declare that the President cannot remove a Justice of the Superior Court without complying with the constitutionally prescribed process.
2. Declare that jurisdiction to handle petitions for removal of Superior Court judges is vested only in the body constituted under Article 146(4).
3. Declare that the presidential warrant of removal is “unlawful, null, void, and of no effect.”
Filed as The Republic v. Attorney-General, Ex Parte Justice Gertrude Araba Esaaba Torkornoo, the motion relies on Articles 23 and 141 of the Constitution, together with Order 55 of C.I. 47.
The suit is expected to clarify the extent of presidential authority in relation to judicial removals a case that could shape the future of judicial independence and constitutional governance in Ghana.
