By Ebenezer Osei-Owusu, a concerned citizen, has initiated a new legal challenge. He is contesting the method currently being employed to remove Chief Justice Gertrude Torkonoo from office.
In his suit, Osei-Owusu argues that the procedure being followed violates the Chief Justice’s constitutional right to a fair hearing.
He contends that certain steps taken by the relevant authorities fall short of due process. These steps pose a threat to the independence of the judiciary.
A key point in the case is that the Chief Justice must be served with the petition(s) for her removal. She must be allowed the opportunity to respond before any prima facie determination is made by the President. This decision should be in consultation with the Council of State.
This latest legal action comes shortly after an earlier suit was filed. Former Attorney General Godfred Yeboah Dame acted on behalf of Vincent Ekow Assafuah. Vincent Ekow Assafuah is the Member of Parliament for Old Tafo.
That case also challenges the legitimacy of the removal process. It asserts that the process is politically influenced. The aim is to undermine judicial independence.
Osei-Owusu is asking the court to invalidate or withdraw any petitions. These petitions were forwarded by the President to the Council of State. They concern the removal of the Chief Justice.
He is also asking for any further orders or directions the court deems necessary to uphold his claims.
This follows a formal letter. Chief Justice Torkonoo wrote it to the President. Copies were sent to key stakeholders. The letter requested access to the petitions filed against her.
Her demand came shortly after the suit filed by the Old Tafo MP. The suit questioned the legality of the process. It also raised concerns about transparency.
He is therefore seeking, among others;
a. A declaration is required. This declaration is founded on a true interpretation of articles 146(1), (2), (6) and (8) of the 1992 Constitution of the Republic of Ghana. It reflects a proper understanding of those articles. It also considers the decision of the Supreme Court in the case of Agyei Twum v. Attorney-General & Akwetey [2005-2006] SCGLR 732 (Writ No. J1/7/2006) dated 12th July 2006. The President of the Republic of Ghana, in consultation with the Council of State, must determine a prima facie case on a Petition for the removal of the Chief Justice. They cannot do this without first furnishing the Chief Justice with a copy or copies of the Petition(s). The Chief Justice must be given an opportunity to comment on them.
b. The President of the Republic of Ghana decided to consult with the Council of State. This decision was communicated by the Spokesperson to the President, Felix Kwakye Ofosu, MP. Three (3) Petitions were forwarded. They sought the removal of the Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo. The basis was his release/letter dated Tuesday 25th March 2025. This was done without first furnishing the Chief Justice with a copy of purported Petitions to comment on them. It is contrary to the spirit of articles 146(1), (2), (6) and (8) of the 1992 Constitution of the Republic of Ghana. It also contradicts the decision of the Supreme Court in the case of Agyei Twum v. Attorney General & Akwetey [2005-2006] SCGLR 732 (Writ No. J1/7/2006) dated 12th July 2006. This action violates her right to a fair hearing and to that extent is unconstitutional, null and void.
c. A declaration that, upon a true and proper interpretation of articles 146(1), (2), (6) and (8), of the 1992 Constitution of the Republic of Ghana. It also pertains to the decision of the Supreme Court in the case of Agyei Twum v. Attorney General & Akwetey [2005-2006] SCGLR 732 (Writ No. J1/7/2006) dated 12th July 2006. The President of the Republic of Ghana, acting in consultation with the Council of State, cannot appoint a committee to inquire into or make a recommendation on a Petition for the removal of the Chief Justice without first furnishing the Chief Justice with a copy or copies of the Petition(s) seeking her removal and to comment on them.
d. An order of the Court is set aside. It overturns the decision of the President of the Republic of Ghana. The President’s action to consult with the Council of State and forward three (3) Petitions seeking the removal of the Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo, is declared unconstitutional. This was communicated by Felix Kwakye Ofosu, MP, the Spokesperson to the President, via a release or letter dated Tuesday 25 March 2025 to the Council of State. The decision is null and void because it was made without first furnishing the Chief Justice with a copy or copies of the Petition(s) seeking her removal and affording her opportunity to comment on the same.
e. An order of injunction restraining the President of the Republic of Ghana. It prevents him from consulting with the Council of State to decide on a prima facie case against the Chief Justice of the Republic of Ghana, Gertrude Araba Esaaba Sackey Torkornoo. He is also restrained from forming a committee to inquire into or recommend actions on the purported Petitions for the removal of the Chief Justice. Generally, the order stops him from acting on or starting any proceedings for her removal in violation of her right to a fair hearing.
f. An order recalling any Petitions for the removal of the Chief Justice of the Republic of Ghana. This concerns Gertrude Araba Esaaba Sackey Torkornoo. The President forwarded these petitions to the Council of State.
g. Any other orders and directions that this Honourable Court may consider appropriate. These orders are for giving effect to the declarations and orders so made.
The Supreme Court has scheduled April 2, 2025. They will hear an injunction application filed by MP Vincent Assafuah. The application seeks to halt the ongoing process initiated by the President based on three separate petitions.
