The Supreme Court of Ghana has scheduled Wednesday, April 9, 2025, to hear a crucial legal challenge that questions the constitutional procedure for removing Chief Justice Gertrude Torkornoo from office.
This high-profile case was filed by Member of Parliament for Old Tafo, Vincent Ekow Assafuah, who believes the current removal process initiated by President John Mahama violates due process.
This follows the presidency’s announcement on Tuesday, March 25, that President John Mahama was consulting the Council of State following three petitions to his office demanding the removal of the CJ.
However, according to the MP, the Chief Justice deserves an opportunity to respond to the allegations made against her before any action is taken by the President, especially prior to consultations with the Council of State.
At the heart of the suit is Article 146(6) of the 1992 Constitution, which outlines the steps a sitting Chief Justice’s removal must follow. Mr. Assafuah argues that President Mahama bypassed a key step by moving forward with consultations without notifying the Chief Justice.
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Represented by former Attorney-General Godfred Dame, the MP emphasizes that the right to be heard is a fundamental principle of justice and must be upheld regardless of the office held.
He insists that ignoring this crucial step not only affects the personal rights of Chief Justice Torkornoo but also undermines the integrity and independence of Ghana’s judiciary.
The legal team believes that setting such a precedent could potentially threaten the impartiality of the judiciary, especially in politically sensitive cases.