A Former Chief Justice, Justice Gertrude Araba Esaaba Sackey Torkornoo, has filed an application at the Supreme Court seeking a review of the court's ruling delivered on May 28, 2026, in a case challenging proceedings relating to petitions for her removal from office.
The application, filed through her lawyers, prayed the apex court to set aside orders made on May 28, 2026, on the grounds that they were made in breach of the rules of natural justice and occasioned a miscarriage of justice.
The motion, dated June 23, 2026, argued that the court proceeded to hear and determine matters in the absence of the applicant after her lawyer had withdrawn from the proceedings.
Grounds
According to the application, the court proceeded with the hearing and determination of the action despite the absence of legal representation for the applicant.
It contended that the decision to continue with the proceedings violated the audi alteram partem rule of natural justice, which guaranteed the right of a party to be heard before a decision is taken.
The applicant maintained that the circumstances under which the orders were made rendered them null and void, and therefore, liable to be reviewed by the court.
Orders challenged
The application identified a number of orders made by the court on May 28, 2026, which the applicant sought to have reviewed.
Among them were orders allowing the hearing and determination of the action to proceed, directing the Registrar to serve the day's proceedings together with notice of withdrawal by the applicant's lawyer and granting leave to the applicant in one of the writs to file any further processes before judgment.
The court also adopted memoranda of issues filed in the two writs, consolidated the actions for determination and adjourned the consolidated matter to July 2, 2026, for judgment.
Natural justice
The application argued that the continuation of proceedings in the absence of representation for the applicant amounted to a breach of natural justice and resulted in a grave miscarriage of justice.
Citing judicial authorities, the applicant submitted that any decision reached in violation of the right to be heard was a nullity and ought to be set aside.
The motion further stated that the Supreme Court's review jurisdiction existed to correct fundamental and basic errors which had resulted in injustice.
The applicant, therefore, prayed the court to review and strike down the orders made on May 28, 2026.
Background
Last year in March, petitions were submitted to President John Dramani Mahama seeking the removal of former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo from office for alleged stated misbehaviour.
In accordance with Article 146 of the 1992 Constitution, the petitions were referred to the Council of State for advice on whether a prima facie case had been established.
Following the determination of a prima facie case, President Mahama, in consultation with the Council of State, suspended Justice Torkornoo on April 22, 2025 and constituted a five-member committee chaired by Supreme Court Justice, Gabriel Scott Pwamang, to investigate the petitions.
The proceedings of the committee were held in camera as required by the Constitution.
On September 1, 2025, President Mahama removed Justice Torkornoo from office after the committee found that grounds of stated misbehaviour had been established and recommended her removal.
The decision made her the first Chief Justice to be removed under the 1992 Constitution and triggered a series of legal challenges, including constitutional actions at the Supreme Court and proceedings before the ECOWAS Court of Justice.
The ECOWAS Community Court of Justice last Wednesday dismissed an application by Justice Torkornoo challenging her removal from office and held that there had been no violation of her rights in the proceedings leading to her removal and the removal itself.
The court further affirmed the legality of the process after considering seven issues distilled from the application and the response.
