Former CJ Torkornoo challenges her removal as Supreme Court judge

Former Chief Justice, Justice Gertrude Torkornoo, has gone to court to challenge her removal as a Justice of the Supreme Court by President John Dramani Mahama.

In a judicial review application filed at the High Court, Justice Torkornoo contends that her removal as a Justice of the Supreme Court was unlawful, as the recommendation for her removal was in respect of her office as the Chief Justice, which followed a procedure completely different from that of the removal of a Justice of the Supreme Court.

Reliefs

The former Chief Justice is, therefore, seeking an order of certiorari to quash the warrant of removal as a Justice of the Supreme Court issued by President Mahama on September 1 on the basis that it violated the constitutional provisions for the removal of a Justice of the Superior Courts and, therefore, unlawful, null and void.

She also wants the court to declare that President Mahama lacks the power to remove a Justice of the Superior Courts from office except for the removal being in accordance with Article 146 of the Constitution.

Again, she is asking the High Court to declare that only a committee properly constituted under Article 146(4) of the Constitution can hear a petition for the removal of a Justice of the Superior Court.

The former Chief Justice premised her application on two grounds — Illegality and lack of power under Article 146 of the Constitution for the President's decision to remove her as a Justice of the Supreme Court, and the lack of jurisdiction for the committee that recommended her removal as the Chief Justice to also recommend her removal as a Justice of the Supreme Court.

Justice Torkornoo filed the application at the High Court by invoking the supervisory jurisdiction of the court under Article 141 of the Constitution, which gives the court the power to ensure that lower courts and other bodies do not overstep their powers or act unfairly.

Removal

On September 1, this year, President Mahama, following a recommendation by a five-member committee set up to hear a petition against Justice Torkornoo, removed Justice Torkornoo as the Chief Justice.

Based on the same warrant, President Mahama also removed Justice Torkornoo as a Justice of the Supreme Court.

In her affidavit in support of her application, Justice Torkornoo contended that under Article 146 of the Constitution, the procedure for the removal of the Chief Justice was different from that for the removal of a Justice of the Superior Court.

According to her, the committee that was set up to investigate the petitions against her was in specific reference to her role as the Chief Justice under Article 145(6).

“That under the Constitution of Ghana, the prescribed procedure — including the composition of a committee to investigate or inquire into petitions for removing a person from the office of a Chief Justice is, in the wisdom of the framers of the Constitution, distinct from the mandated procedure for the removal of a Justice of the Supreme Court of Ghana,” the affidavit in support stated.

“Jurisdiction to hear petitions for the removal of a Justice of the Superior Courts is specifically stipulated by the 1992 Constitution to be vested in a committee formed pursuant to article 146 (4),” it added.

Provisions of the Constitution

Article 146(6), which deals with the removal of the Chief Justice, stipulates that the President shall, acting on consultation with the Council of State, appoint a five-member committee to investigate the petition.

The Supreme Court in the celebrated case of Frank Agyei-Twum vs the Attorney-General, ruled that before the setting up of the committee, the President, in consultation with the Council of State, must determine whether or not the petition discloses a prima facie case against the Chief Justice.

For the removal of a Justice of the Superior Courts, other than the Chief Justice, Article 146(4) stipulates that the President shall forward the petition to the Chief Justice, who shall, after determination of a prima facie case, form a five-member committee to probe the petition.

Writer’s email: emma.hawkson@graphic.com.gh