Supreme Court is scheduled to hear arguments today in a high-stakes constitutional case that could derail the ongoing process to remove the country’s Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo.

The suit, brought by private citizen Theodore Kofi Atta-Quartey, seeks an interlocutory injunction to pause all proceedings related to the Chief Justice’s suspension, pending a final ruling on the legality of those actions. At the heart of the case is whether President Nana Addo Dankwa Akufo-Addo followed due process in suspending the Chief Justice last month following a series of removal petitions.

Filed on May 20 and signed by attorney Ibrahim-Anyass Muhammed, the application targets the Attorney General and challenges the constitutional framework under which the President exercised his authority.

The plaintiff contends that the President’s decision to determine a prima facie case for removal—and to subsequently suspend the Chief Justice—lacks a supporting constitutional instrument, as required under Articles 23, 146(6), and 296(b) & (c) of Ghana’s 1992 Constitution. He argues that both the President’s and Council of State’s roles in the process must be governed by transparent, codified rules.

Among the five key reliefs sought, Mr. Atta-Quartey is asking the Court to:

1. Declare that any discretionary power exercised by the President in such matters must be regulated by a published constitutional instrument.
2. Assert that the Council of State’s advisory function must also adhere to defined procedural norms.
3. Require that the committee of inquiry formed under Article 146(6) operate within a constitutionally grounded framework.
4. Nullify all actions taken so far—including the President’s prima facie determination, the suspension of the Chief Justice, and the formation of the investigative committee.
5. Suspend the effect of the President’s Warrant of Suspension, issued on April 22, under Article 146(10)(a).

The presidency announced the Chief Justice’s suspension through a statement from the Minister for Government Communications, Felix Kwakye Ofosu. The decision followed the submission of three separate removal petitions.

Today’s hearing is poised to set a precedent on the boundaries of presidential authority and the procedural safeguards surrounding the removal of a sitting Chief Justice. The Court’s ruling could either stall the inquiry indefinitely or allow it to proceed under close judicial scrutiny.

Source:TheDotNews