The Law 101 - Supreme Court upholds constitutionality in removal of CJ Torkornoo

The Supreme Court of Ghana upheld the constitutionality of the procedure used in the removal of former Chief Justice Gertrude Esaaba Sackey Torkornoo. The Court's 84-page landmark judgment dismissed two consolidated suits that challenged the President's actions and the Council of State's role, clarifying the process, upholding the self-executing nature of Article 146, and reinforcing the calibrated timing of the right to be heard.

The suits were brought by Vincent Ekow Assafuah (Writ No. J1/18/2025) and Theodore Kofi Atta-Quartey (Writ No. J1/21/2025) against the Attorney-General, challenging the constitutional validity of the removal process initiated against Justice Gertrude Esaaba Sackey Torkornoo. The President at the time, John Dramani Mahama, had received three petitions for her removal, forwarded them to the Council of State, determined a prima facie case existed, suspended the Chief Justice, and appointed a Committee of Inquiry. The Plaintiffs asserted this process was unconstitutional, arguing that the President was constitutionally mandated to notify the Chief Justice and obtain her comments/responses before initiating consultations with the Council of State or making a prima facie determination.