President Mahama’s CJ removal procedure challenged with application at Supreme Court

A new legal challenge has been initiated by one Ebenezer Osei-Owusu, a concerned citizen, contesting the method currently being employed in the efforts to remove Chief Justice Gertrude Torkonoo from office.

In his suit, Osei-Owusu argues that the procedure being followed violates the Chief Justice's constitutional right to a fair hearing.

He contends that some of the steps taken by the relevant authorities fall short of due process and pose a threat to the independence of the judiciary.

A key point raised in the case is the requirement for the Chief Justice to be served with the petition(s) for her removal and allowed the opportunity to respond before any prima facie determination is made by the President in consultation with the Council of State.

This latest legal action comes on the heels of an earlier suit filed by former Attorney General Godfred Yeboah Dame, acting on behalf of Vincent Ekow Assafuah, the Member of Parliament for Old Tafo.

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That case also challenges the legitimacy of the removal process, asserting that it is politically influenced and aimed at undermining judicial independence.

Osei-Owusu is requesting the court to invalidate or withdraw any petitions forwarded by the President to the Council of State regarding the removal of the Chief Justice.

He is also asking for any further orders or directions the court deems necessary to uphold his claims.

This follows a formal letter written by Chief Justice Torkonoo to the President, with copies sent to key stakeholders, requesting access to the petitions filed against her.

Her demand came shortly after the suit filed by the Old Tafo MP, which questioned the legality and transparency of the process.

He is therefore seeking, among others;

a. A declaration that, upon a true and proper interpretation of articles 146(1), (2), (6) and (8) of the 1992 Constitution of the Republic of Ghana and of the decision of the Supreme Court in the case of Agyei Twum v. Attorney-General & Akwetey [2005-2006] SCGLR 732 (Writ No. J1/7/2006) dated 12th July 2006, a determination of a prima facie case by the President of the Republic of Ghana in consultation with the Council of State on a Petition for the removal of the Chief Justice cannot be made without first furnishing the Chief Justice with a copy or copies of the Petition(s) seeking her removal and to comment on them.

b. A declaration that, the decision of the President of the Republic of Ghana to consult with the Council of State and the forwarding of three (3) Petitions seeking the removal of the Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo as communicated by the Spokesperson to the President, Felix Kwakye Ofosu, MP, per his release/letter dated Tuesday 25th March 2025 to the Council of State without first furnishing the Chief Justice with a copy of purported Petitions to comment on them is contrary to the spirit of articles 146(1), (2), (6) and (8) of the 1992 Constitution of the Republic of Ghana and of the decision of the Supreme Court in the case of Agyei Twum v. Attorney General & Akwetey [2005-2006] SCGLR 732 (Writ No. J1/7/2006) dated 12th July 2006 and violates her right to fair hearing and to that extent unconstitutional, null and void.

c. A declaration that, upon a true and proper interpretation of articles 146(1), (2), (6) and (8), of the 1992 Constitution of the Republic of Ghana and of the decision of the Supreme Court in the case of Agyei Twum v. Attorney General & Akwetey [2005-2006] SCGLR 732 (Writ No. J1/7/2006) dated 12th July 2006, the President of the Republic of Ghana acting in consultation with the Council of State cannot appoint a committee to inquire into or make a recommendation on a Petition for the removal of the Chief Justice without first furnishing the Chief Justice with a copy or copies of the Petition(s) seeking her removal and to comment on them.

d. An order of the Court setting aside the decision of the President of the Republic of Ghana to consult with the Council of State and the forwarding of three (3) Petitions seeking the removal of the Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo as communicated by the Spokesperson to the President, Felix Kwakye Ofosu, MP, per his release/letter dated Tuesday 25 March 2025 to the Council of State as being unconstitutional, null and void same having been made without first furnishing the Chief Justice with a copy or copies of the Petition(s) seeking her removal and affording her opportunity to comment on same.

e. An order of injunction restraining the President of the Republic of Ghana from proceeding to consult with the Council of State to determine the existence or otherwise of a prima facie case against the Chief Justice of the Republic of Ghana, Gertrude Araba Esaaba Sackey Torkornoo, and also from constituting a committee to inquire into or make a recommendation on the purported Petitions for the removal of the Chief Justice and generally from acting and/or embarking on any proceedings for the removal of the said Chief Justice in breach of her right to fair hearing.

f. An order recalling, or otherwise setting aside any Petitions for the removal of the Chief Justice of the Republic of Ghana, Gertrude Araba Esaaba Sackey Torkornoo, forwarded by the President to the Council of State.

g. Any other orders and directions that this Honourable Court may consider appropriate for giving effect to the declarations and orders so made.

Meanwhile, the Supreme Court has scheduled April 2, 2025, to hear an injunction application filed by MP Vincent Assafuah, seeking to halt the ongoing process initiated by the President based on three separate petitions.