'Mahama has no power to remove me as Supreme Court Judge' — Torkornoo files judicial review

Former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo has taken legal action against her removal from office, filing an application for judicial review at the High Court to contest what she calls an unconstitutional decision by President John Dramani Mahama.

Through her counsel, Justice Torkornoo is asking the court to strike down the President’s September 1, 2025 removal warrant, which not only dismissed her as Chief Justice but also stripped her of her position as a Justice of the Superior Court of Judicature.

She argues that the action violated Article 146 of the 1992 Constitution, which requires an inquiry by a duly constituted body before a Superior Court judge can be lawfully removed. According to her, this mandatory safeguard for judicial independence was ignored.

In her motion, Justice Torkornoo is seeking several key declarations, including that the President has no power to remove a Justice of the Superior Court outside the constitutional process, that the authority to handle such petitions rests solely with a body set up under Article 146(4), and that the removal warrant itself is “unlawful, null, void, and of no effect.”

The case, styled The Republic v. Attorney-General, Ex Parte Justice Gertrude Araba Esaaba
Torkornoo, is grounded in Articles 23 and 141 of the Constitution and brought under Order 55 of C.I. 47.

The High Court’s ruling on this matter could set a precedent defining the limits of presidential authority in the removal of superior court judges, with profound implications for judicial independence and constitutional governance in Ghana.