THE legal tussle over the removal of the former Chief Justice, Justice Araba Sackey Torkonoo, from office by President John Dramani Mahama is far from over as she is challenging her removal as a Justice of the Supreme Court.
Her application, which is in the nature of a judicial review and filed at the High Court in Accra, contends that her removal as a Justice of the Supreme Court was unlawful as the recommendation for her removal was in respect of her office as the Chief Justice, which followed a procedure completely different from that of the removal of a Justice of the Supreme Court.
Justice Torkonoo is asking the court for an order of certiorari to quash the warrant of removal as a Justice of the Supreme Court issued by President Mahama on September 1, 2025 on the basis that it was in violation of the constitutional provisions for the removal of the Justice of the Superior Courts, and therefore unlawful, null and void.
She wants the court to hold that President Mahama lacks the power to remove a Justice of the Superior Courts from office except the removal is in accordance with Article 146 of the Constitution.
On September 1, 2025, President John Dramani Mahama has, in accordance with Article 146 (9) of the 1992 Constitution, removed Justice Torkonoo, from office with immediate effect.
Her removal follows the receipt of the Report of the Committee constituted under Article 146 (6) to inquire into a petition seeking her removal from office.
The petition was filed by a Ghanaian citizen, Daniel Ofori.
“After considering the petition and the evidence, the Committee found that the grounds of stated misbehaviour under Article 146 (1) had been established and recommended her removal from office,” a statement issued by the Minister for Government Communication, Felix Kwakye Ofosu, said.
Under Article 146 (9), the President is enjoined to act in accordance with the Committee’s recommendation.
On August 31, the five-member Committee, chaired by a Supreme Court Judge, Gabriel Scott Pwamang, presented to President Mahama at the Presidency the Report on Mr Asare’s petition.
During that engagement, Justice Pwamang said: “the Committee restrained itself all along from reacting even when blatant false statements were made about members of the Committee and our work”.
“Mr President, without disclosing the substance of the proceedings, and since in camera proceedings is not the same as in secret, we can state that in respect of the first petition, we received evidence by Mr Daniel Ofori, the first petitioner, through 13 witnesses,” Justice Pwamang disclosed.
The Chief Justice, on the other hand, Justice Pwamang said, called 12 witnesses, including expert witnesses as she is entitled to do under the Constitution.
“The Chief Justice testified personally at the inquiry and was cross-examined. The Committee received about 10,000 pages of documentary exhibits from both sides,” Justice Pwamang said.
“There were four lawyers that represented the first petitioner and four lawyers represented the Chief Justice,” he added.
“Mr President, after critical and dispassionate examination and assessment of all the evidence, including the expert evidence against the provisions of the Constitution and the relevant laws, we have, without fear or favour, arrived at a recommendation on the first petition,” Justice Pwamang stated.
The Committee was constituted in April in line with Article 146 (6) of the 1992 Constitution following the determination of a prima facie case against the Chief Justice.
Following that determination, the Chief Justice was suspended with immediate effect by a warrant signed by the President, pursuant to Article 146 (10) (b) of the Constitution.
Other members of the Committee are Justice Samuel Kwame Adibu-Asiedu, a Justice of the Supreme Court; Daniel Yaw Domelevo, a former Auditor-General; Professor James Sefah Dzisah, Associate Professor at the University of Ghana and Major Flora Bazaanura Dalugo of the Ghana Armed Forces.
BY MALIK SULLEMANA
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