Former Chief Justice Justice Gertrude Araba Esaaba Sackey Torkornoo has filed an application for judicial review at the High Court, contesting what she describes as the unlawful removal from her position as a Supreme Court Judge by President John Dramani Mahama.
The application, filed through her legal team, argues that the President exceeded the powers granted by the 1992 Constitution when he issued a removal warrant on September 1, 2025. The warrant simultaneously revoked her position as Chief Justice and as a Justice of the Superior Court of Judicature.
Justice Torkornoo contends that the procedure outlined in Article 146 of the Constitution — which requires an inquiry by a constitutionally constituted body before a superior court judge can be removed — was not followed.
She is seeking several declarations from the High Court, including:
- That the President cannot remove a Justice of the Superior Court without complying with the procedure set out in the Constitution.
- That only a body established under Article 146(4) has jurisdiction to hear petitions for the removal of a superior court judge.
- That the warrant of removal issued by the President is “unlawful, null, void, and of no effect.”
The case, titled The Republic v. Attorney-General, Ex Parte Justice Gertrude Araba Esaaba Torkornoo, cites Articles 23 and 141 of the Constitution as well as Order 55 of C.I. 47.
Legal observers say the outcome could have major implications for judicial independence and the limits of presidential authority in Ghana’s constitutional democracy.
