MP, Osei-Owusu sue AG over attempt to remove CJ from office

Two Ghanaian citizens – Vincent Ekow Assafuah, MP for Old Tafo and Ebenezer Osei-Owusu- have filed separate suits at the Supreme Court against the Attorney General and Minister for Justice challenging the process that has been initiated by President Mahama for the possible removal of the Chief Justice, Gertrude Araba Esaaba Torkornoo from office.

The suits are basically challenging the procedure President Mahama has adopted for the removal of the CJ.Ekow Assafuah is invoking the original jurisdiction of the Supreme Court as spelt out in Article 2(1)(b) of the 1992 Constitution, for interpretation of constitutional provisions governing the removal of a Chief Justice.

He is also seeking a declaration that, the President must notify the Chief Justice and obtain their comments before referring a removal petition to the Council of State, as per Articles 146(1), (2), (4), (6), and (7), 23, 57(3), and 296 of the Constitution.

Failure to notify the Chief Justice before initiating the consultation process with the Council of State is a violation of Article 146(6) and undermines the constitutional protection of the Chief Justice’s security of tenure.

Any omission in this process amounts to unjustified interference with the independence of the judiciary, contravening Articles 127(1) and (2) of the Constitution. The President’s failure to obtain the Chief Justice’s comments before triggering the removal process violates the right to a fair hearing, rendering the consultation process null and void.

The Supreme Court is expected to hear the matter in the coming weeks, with the Attorney-General required to respond within fourteen (14) days of service.

SECOND SUIT

Ebenezer Osei-Owusu on his part is seeking to halt the ongoing processes initiated by President John Dramani Mahama for the potential removal of the Chief Justice, Justice Gertrude Araba Sackey Torkornoo.

The applicant contends that the President’s actions violate the Chief Justice’s constitutional right to a fair hearing, as she has neither been served with the petitions nor been given an opportunity to respond before the process commenced.

Osei-Owusu is challenging the constitutionality of the President’s decision to forward three petitions for the Chief Justice’s removal to the Council of State without first notifying her.

In his statement of claim, the applicant asserts, “the President’s decision to make public the receipt and transmission of the petitions without first furnishing the Chief Justice with copies and offering her a hearing is unconstitutional and violates her fundamental rights.”

The injunction application, scheduled for hearing at the Supreme Court on Wednesday, April 2, 2025, seeks to restrain the President and the Council of State from proceeding with the removal process until the substantive case is determined.

RELIEFS

The applicant is seeking seven reliefs from the Supreme Court, including an injunction to stop the President from consulting the Council of State on the matter. Specifically, he wants a declaration that the President cannot determine whether a prima facie case exists against the Chief Justice without first serving her with copies of the petitions and allowing her to comment on them.

Furthermore, Osei-Owusu wants the court to declare as unconstitutional the President’s decision to forward the petitions to the Council of State without prior notice to the Chief Justice. He also seeks an order restraining the President from constituting a committee to investigate the petitions unless the Chief Justice has been given a fair opportunity to respond.

Additionally, he is requesting an order to recall or set aside the petitions sent to the Council of State and any other reliefs the court deems appropriate to protect the Chief Justice’s rights.

BACKGROUND

The controversy began on March 25, 2025, when the presidency, through a statement signed by its spokesperson, Felix Kwakye Ofosu, disclosed that President Mahama had received three petitions calling for the removal of Chief Justice Torkornoo. According to the statement, the President had forwarded these petitions to the Council of State to begin consultations as required by Article 146 of the Constitution.

However, the statement did not indicate whether Justice Torkornoo had been informed or served with copies of the petitions. This has sparked concerns about due process and judicial independence, with legal experts and civil society organizations weighing in on the matter.

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