Former Chief Justice Justice Gertrude Torkornoo has filed a judicial review application at the High Court challenging her removal as a Justice of the Supreme Court by President John Dramani Mahama.
In her suit, Justice Torkornoo argues that the presidential action was unconstitutional, since the recommendation for her removal was made in respect of her role as Chief Justice, not as a Justice of the Supreme Court. She maintains that the two positions carry distinct constitutional procedures for removal, and therefore the presidential warrant issued on September 1, 2025, was unlawful.
The former Chief Justice is asking the court for an order of certiorari to quash the warrant, which she describes as “null and void.” She is also seeking a declaration that the President lacks the authority to remove a Justice of the Superior Courts unless the process strictly follows Article 146 of the 1992 Constitution.
Article 146 stipulates that a Justice of the Superior Courts may only be removed from office for stated misbehaviour, incompetence, or incapacity, and the process must begin with a petition to the President, who then refers the matter to the Chief Justice or, in some instances, a committee of the Judicial Council.
Legal analysts suggest that the case could set an important precedent on the removal of judges — particularly those who have served as Chief Justice. A ruling in Justice Torkornoo’s favour could also reinforce judicial independence and restrict executive influence over the judiciary.
Justice Torkornoo, Ghana’s 15th Chief Justice, was first appointed to the Supreme Court in 2019 and elevated to Chief Justice in 2023 before her removal earlier this month.
The case is yet to be scheduled for a hearing.
