The Supreme Court has upheld President John Mahama’s decision to suspend Chief Justice Gertrude Torkornoo and allow an investigative committee to continue its work, dismissing a legal challenge from the Centre for Citizenship, Constitutional and Electoral Systems (CenCES).
In a closely watched constitutional case, the apex court ruled by a 4–1 majority that the President acted within the bounds of the 1992 Constitution when he initiated disciplinary proceedings against the Chief Justice. The decision clears the way for the committee, chaired by Justice Gabriel Pwamang of the Supreme Court, to continue its inquiry into the allegations brought against the suspended head of the judiciary.
The panel of five justices was presided over by Justice Paul Baffoe-Bonnie and included Justices Issifu Omoro Tanko Amadu, Yonny Kulendi, Henry Anthony Kwofie, and Yaw Asare Darko. Justice Darko stood alone in his dissent, siding with CenCES’s claim that the President’s move threatened judicial independence and breached due process.
At the heart of the legal battle was the constitutionality of the President’s decision to suspend the Chief Justice while a five-member committee investigates petitions against her conduct. CenCES, a Ghanaian civil society organisation, argued that this action undermined judicial independence and violated the principles of fair hearing and equal treatment under the law.
Filed on 15 May 2025, the CenCES lawsuit named the Attorney General as the first defendant, Chief Justice Torkornoo as the second, and Justice Pwamang—chair of the investigative committee—as the third. The group sought to have the President’s decision declared unconstitutional and the work of the committee halted.
But the Supreme Court’s majority found no fault with the President’s action, affirming his constitutional authority to suspend a sitting Chief Justice under specific conditions and refer the matter for investigation. The ruling represents a significant moment in Ghana’s ongoing conversation about the balance of power among the executive, judiciary, and legislature
With the committee’s investigation set to proceed, attention will now shift to its findings and any potential implications for the tenure of Chief Justice Torkornoo, who has maintained her silence since the suspension was announced.
