Mahama sets up 5-member c’ttee including Domelevo to inquire into petitions against Chief Justice

President John Dramani Mahama has established a committee in compliance with Article 146(6) of the Constitution and in consultation with the Council of State to inquire into the petitions against the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo.

This was after President Mahama,  in accordance with Article 146(6) of the Constitution and in
consultation with the Council of State, determined that a prima facie case has been established in
respect of the three petitions against the Chief Justice suspended her.

1. Justice Gabriel Scott Pwamang, Justice of the Supreme Court Chairman
2. Justice Samuel Kwame Adibu-Asiedu, Justice of the Supreme Court Member
3. Daniel Yaw Domelevo (Former Auditor-General) Member
4. Major Flora Bazwaanura Dalugo (Ghana Armed Forces) Member
5. Professor James Sefah Dzisah (Associate Professor, University of Ghana) Member

A statement issued on Tuesday April 22 said “Pursuant to Article 146(10) of the constitution and in accordance with the advice of the Council of State, the President has by a warrant, suspended the Chief Justice with immediate effect pending the outcome of the committee’s proceedings.”

President John Dramani Mahama forwarded three petitions calling for the removal of Chief Justice Gertrude Torkornoo to the Council of State for advice, in accordance with Article 146 of the 1992 Constitution.

A statement from the Presidency’s Communications Directorate on Tuesday, March 25, 2025, confirmed that the petitions had been submitted by various individuals, urging the President to take action against the Chief Justice.

Following constitutional procedures, President Mahama has referred the matter to the Council of State to begin the consultation process required before any further action can be taken.

The Chief Justice subsequently responded to the petition.

Meanwhile, the Supreme Court has set May 6 to hear the injunction applications against the petition to remove Chief Justice Gertrude Sackey Torkornoo from office.

The panel of four sitting instead of five, chaired by Justice Osei Bonsu, noted that the adjournment had been occasioned due to “unavoidable reason”.

Justice Samuel Asiedu, the fifth member of the panel, was absent when the case was called on Wednesday, April 16.

At the last adjourned date, former Attorney General Godfred Yeboah Dame, representing Old Tafo Member of Parliament as a plaintiff in one of the injunction suits, averred that the president ought to hold on with the consultation processes with the Council of State.

He noted that the law prohibits the continuation of court processes when there’s an injunction application.

But reacting to his assertion, Attorney General Dr Dominic Ayine indicated that no law prohibits the President from carrying out his constitutional mandate.

“He needs to understand that this is the performance of a constitutional duty and the law is very clear that you cannot enjoin the performance of a constitutional or public obligation,” the A-G noted.

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