In compliance with Article 146(6) of the Constitution and after consulting with the Council of State, President John Dramani Mahama has concluded that three petitions against Chief Justice Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo have a prima facie case.
“Pursuant to Article 146(10) of the constitution and in accordance with the advice of the Council of State, the President has by warrant suspended the Chief Justice with immediate effect pending the outcome of the committee’s proceedings,” read a statement released on Tuesday, April 22.
In accordance with Article 146(6) of the Constitution and after consulting with the Council of State, the President has subsequently formed a committee with the following composition to investigate the petitions that have been referred to them, according to the statement, which was signed by Felix Kwakye Ofosu, Minister in Charge of Government Communication.
- Justice Gabriel Scott Pwamang, Supreme Court Justice and Chairman
- Justice Samuel Kwame Adibu-Asiedu, Supreme Court Justice – Member 3. Former Auditor-General Daniel Yaw Domelevo – Member
- Member of the Ghanaian Armed Forces, Major Flora Bazwaanura Dalugo 5. Member, James Sefah Dzisah, Associate Professor, University of Ghana
As required by Article 146 of the 1992 Constitution, President John Dramani Mahama sent three petitions to the Council of State for consultation on Chief Justice Gertrude Torkornoo’s removal.
The petitions were filed by a number of people, according to a statement released by the Presidency’s Communications Directorate on Tuesday, March 25, 2025, which urged the President to take action against the Chief Justice.
President Mahama has, in accordance with constitutional protocols, referred the subject to the Council of State in order to initiate the necessary consultation process before to taking any further action.
After that, the Chief Justice answered the petition.
A hearing on the injunction applications against the petition to remove Chief Justice Gertrude Sackey Torkornoo from office has been scheduled for May 6 by the Supreme Court.
The four-member panel, which was led by Justice Osei Bonsu, stated that the adjournment was necessary for “unavoidable reason.”
When the case was called on Wednesday, April 16, the fifth member of the panel, Justice Samuel Asiedu, was not present.
Former Attorney General Godfred Yeboah Dame, who was representing Old Tafo Member of Parliament as a plaintiff in one of the injunction proceedings, claimed that the president should continue the consultation procedures with the Council of State at the last postponed date.
He pointed out that the law forbids the court proceedings to continue while an application for an injunction is pending.
However, in response to his claim, Attorney General Dr. Dominic Ayine stated that the President is not prohibited by law from fulfilling his constitutional duties.
The A-G pointed out that “he must realise that this is the fulfilment of a constitutional duty and that the law makes it very clear that you cannot enjoin the performance of a constitutional or public obligation.”
