L-R: Vincent Ekow Assafuah, Gertrude Torkornoo and James Kwabena Bomfeh (CEO of CenCES)

The removal process of the suspended Chief Justice, Gertrude Araba Sackey Torkornoo, following the establishment of a prima facie case against her, appears to be encountering obstacles that are hindering its smooth progression.

Since the announcement by the Minister of State in charge of Government Communication, Felix Kwakye Ofosu, regarding petitions filed by some citizens seeking the removal of the Chief Justice, followed by her suspension by the president in consultation with the Council of State, there have been lawsuits from various sectors, aimed at halting the procedure.

Four out of the five suits challenging the removal process have been dismissed, with the remaining one, a fresh suit filed by the suspended Chief Justice herself, yet to be heard in court.

Here are all the suits that have been filed against the process so far.

Suit to stop CJ removal process

The Member of Parliament for Old Tafo, Vincent Ekow Assafuah, filed a suit at the Supreme Court praying the court to halt the CJ’s suspension.

In the suit filed on April 24, 2025, Assafuah requested the Supreme Court to issue an order restraining any further action related to the Chief Justice’s removal under Article 146 until the court has heard and delivered its final ruling on an already pending matter regarding the issue.

Assafuah, through his lawyers, also requested the court to restrain the committee of inquiry established by the president from proceeding with the probe into the petitions filed against the Chief Justice.

The lawmaker raised concerns that the petition against the Chief Justice, her subsequent suspension, and the formation of a committee to investigate the matter are “a farce and the product of a pre-conceived orchestration to unconstitutionally remove the Chief Justice from office.”

His suit, however, was dismissed by the Supreme Court panel in a 3-2 majority decision.

Suit to injunct President Mahama

Assafuah filed another suit seeking the apex court to injunct President John Dramani Mahama from proceeding with the ongoing processes to remove the CJ.

The case was, however, withdrawn by the lawmaker and his legal counsel. Prior to the withdrawal, the lawmaker had accused President Mahama of withholding the petitions seeking the removal of Justice Torkornoo for six weeks before informing either the public or the Chief Justice.

Assafuah’s lawyer, Godfred Dame, further argued that it was unreasonable for the President to retain the petitions for “six whole weeks,” describing the ongoing proceedings as a charade aimed at unconstitutionally removing Chief Justice Torkornoo.

Theodore Kofi Atta-Quartey

A private citizen filed an injunction suit at the Supreme Court against the five-member committee investigating the petitions seeking the removal of Chief Justice Gertrude Araba Sackey Torkornoo.

The suit, filed at the apex court on Tuesday, May 20, 2025, sought a restraining order to halt the proceedings of the five-member committee and to suspend the enforcement of the suspension warrant issued against the suspended Chief Justice.

“An order restraining any step or action taken or from being taken, particularly, the hearing by the Committee of Inquiry, as part of the processes for the removal of the Chief Justice under Article 146 of the 1992 Constitution, pending the determination of the instant action;

“An order suspending the operation of the warrant of suspension issued by the President against the Chief Justice under Article 146 (10) (a) of the Constitution, 1992 pending the final determination of the instant action,” portions of court documents shared by legal platform, thelawplatform, quote.

The suit was dismissed by a 4-1 majority decision.

Suit by CenCES

The Centre for Citizenship, Constitutional and Electoral Systems (CenCES), a civil society organisation, also joined the fray of individuals against the removal process of the suspended Chief Justice.

The group sought to reverse President John Dramani Mahama’s decision to suspend the Chief Justice and to halt the work of the removal committee.

Among the reliefs they sought was a declaration that the President’s response to the petitions was unconstitutional, citing violations of Articles 17(1)–(3), 23, 296, and 146(1)–(4) and (6) of the 1992 Constitution.

The organisation contended that the process lacked due process and failed to uphold constitutional principles of fairness, non-discrimination, and lawful administrative conduct.

Just like the others, the suit was dismissed in a 4-1 majority decision of a five-member panel chaired by Acting Chief Justice Baffoe-Bonnie. The majority votes came from Justice Tanko Amadu, Justice Yonny Kulendi, and Justice Henry Kwofie, alongside the Chair.

However, Justice Yaw Asare Darko dissented, resulting in a split 4-1 decision.

Meanwhile, the public awaits the outcome of the newly filed suit by Justice Torkornoo through her legal counsel, and how the situation will continue to unfold.

MAG/VPO

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