Former Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo, is fighting back against her recent removal from the Supreme Court — and she’s taking the fight to the High Court.

In a bold legal move that could redefine the boundaries of presidential power in Ghana, Justice Torkornoo has filed an application for judicial review, accusing President John Dramani Mahama of acting unconstitutionally when he issued a warrant removing her from office on September 1.

Torkornoo, who had served as both Chief Justice and Justice of the Supreme Court, says her removal violated Article 146 of the 1992 Constitution — a key provision designed to protect judicial independence. That article requires a formal inquiry by a constitutionally mandated body before any judge of the Superior Courts can be dismissed.

In her suit — officially titled The Republic v. Attorney-General, Ex Parte Justice Gertrude Araba Esaaba Torkornoo — she is asking the High Court to declare the president’s removal order “unlawful, null, void, and of no effect.”

The legal action calls for three key declarations:

• That the President does not have the authority to remove a Superior Court judge without going through the proper constitutional process;
• That only a body constituted under Article 146(4) has jurisdiction to handle such a removal;
• That the presidential warrant signed by Mahama is unconstitutional.

The case, which draws on Articles 23 and 141 of the Constitution and Order 55 of Ghana’s civil procedure rules (C.I. 47), is shaping up to be a defining moment for the balance of power between Ghana’s executive and judicial branches.

Legal experts say the suit could have major implications for Ghana’s democratic institutions, particularly at a time when concerns about the politicization of the judiciary are growing louder.

Justice Torkornoo, a respected legal mind and trailblazer in Ghana’s courts, was appointed to the Supreme Court in 2019 and became Chief Justice in 2023. Her abrupt ousting earlier this month sent shockwaves through legal and political circles, triggering widespread debate about the constitutionality of the president’s action.

While the Attorney-General’s office has declined to comment on the matter, citing ongoing legal proceedings, President Mahama’s team has yet to issue any formal response.

The High Court is expected to hear the case in the coming weeks — and the outcome could reshape the rules around how justices are appointed, disciplined, or dismissed in Ghana.

Source:TheDotNews