Former Chief Justice Gertrude Torkornoo has filed a judicial review application at the High Court, challenging her removal as a Justice of the Supreme Court by President John Dramani Mahama.
She argues that her removal was unlawful because the recommendation for her removal as Chief Justice followed a different procedure than the one for removing a Supreme Court Justice.
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Torkornoo is seeking an order of certiorari to quash the warrant of removal issued by President Mahama, a declaration that the President lacks the power to remove a Justice of the Superior Courts without adhering to Article 146 of the Constitution, and a declaration that only a committee properly constituted under Article 146(4) can hear petitions for removing a Justice of the Superior Court.
“That under the Constitution of Ghana, the prescribed procedure — including the composition of a committee to investigate or inquire into petitions for removing a person from the office of a Chief Justice is, in the wisdom of the framers of the Constitution, distinct from the mandated procedure for the removal of a Justice of the Supreme Court of Ghana,” her affidavit states. “Jurisdiction to hear petitions for the removal of a Justice of the Superior Courts is specifically stipulated by the 1992 Constitution to be vested in a committee formed pursuant to article 146 (4),” it added.
