Former Chief Justice Gertrude Torkornoo has filed an application at the Supreme Court seeking to overturn her removal from office by President John Dramani Mahama, describing the action as unconstitutional and legally flawed.
In an affidavit sworn on September 17, 2025, Justice Torkornoo is asking the court to declare the President’s actions null and void, insisting that due process under Article 146 of the 1992 Constitution was not followed.
Justice Torkornoo was removed from office on September 1, 2025, by a Presidential Warrant. However, she contends that the President does not have the authority to remove a Justice of the Superior Court, including the Chief Justice, without first activating and following the procedures laid down in the Constitution.
“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,” her affidavit reads.
She further argues that any petition for the removal of a Justice must be heard by a body properly constituted under Article 146(4), and that bypassing this process renders the President’s warrant invalid.
As part of her legal challenge, the former Chief Justice is seeking the following reliefs from the Supreme Court:
* A declaration that the President acted without constitutional authority in removing her from office.
* A declaration that only a body constituted under Article 146(4) has jurisdiction to hear such petitions.
* A declaration that the Warrant of Removal dated September 1, 2025, is unlawful, null, and void.
* An order of certiorari to bring the Warrant before the court and quash it.
* Any further orders the court deems appropriate.
The President of the Republic and the Attorney-General are named as the persons directly affected by the application.
This legal challenge, if successful, could have significant implications for the separation of powers and the independence of the judiciary in Ghana. It also raises questions about executive overreach and the constitutional safeguards protecting judges from arbitrary dismissal.
Justice Torkornoo was appointed Chief Justice in 2023 and served until her removal earlier this month.
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