Supreme Court to Rule on Injunction Against Chief Justice Torkornoo’s Removal Process

MP Challenges President’s Move to Oust Chief Justice

The Supreme Court has set April 2, 2025, as the date to hear an injunction application filed by Vincent Ekow Assafuah, the Member of Parliament (MP) for Old Tafo, challenging the process initiated by the President for the possible removal of Chief Justice Gertrude Torkornoo.

This legal action follows three petitions submitted against the Chief Justice, sparking a constitutional debate over due process and judicial independence.

Key Developments in the Case

Chief Justice Requests Access to Petitions

In a March 27 letter, Chief Justice Torkornoo formally requested the President to provide her with copies of the petitions and grant her at least seven days to respond before any further action is taken.

“I respectfully request that the petitions be sent to me and that I be granted at least seven days to respond,” she stated, emphasizing the need for fair hearing principles under Article 146(6) of the 1992 Constitution.

MP Assafuah’s Legal Challenge

Represented by former Attorney-General Godfred Yeboah Dame, the Old Tafo MP argues that the President must notify the Chief Justice and seek her response before consulting the Council of State.

The suit seeks a Supreme Court declaration that:

• Bypassing the Chief Justice violates constitutional due process (Articles 146, 23, and 296).
• Judicial independence is undermined if the Chief Justice is excluded (Articles 127(1) & (2)).
• Denial of a fair hearing invalidates the removal process.

Government’s Response

Felix Kwakye Ofosu, Minister for Government Communications, confirmed that the petitions have been forwarded to the Council of State, as required by law. However, the specific allegations remain undisclosed, raising concerns about transparency.

Why This Case Matters

This legal battle could set a major precedent for:
✔ Judicial independence in Ghana
✔ Constitutional interpretation of Article 146
✔ Due process rights for public officials

What Happens Next?

The Supreme Court’s ruling on April 2 will determine whether the President must halt consultations until the Chief Justice is given a chance to respond.