The Supreme Court has scheduled a hearing for April 2, 2025, to address an injunction application filed by Vincent Assafuah, the New Patriotic Party (NPP) Member of Parliament for Old Tafo, challenging the procedure initiated by the President to potentially remove Chief Justice Gertrude Torkonoo from office.
This follows the receipt of three petitions calling for her removal.
The application was filed shortly after Chief Justice Torkonoo wrote a letter to the President and other stakeholders, requesting copies of the three petitions seeking her removal. Her request came in response to Assafuah’s legal challenge regarding the process through which the petitions are being handled.
The plaintiff, represented by former Attorney-General Godfred Dame, argues that the Chief Justice should be informed of the petitions against her and given an opportunity to respond before the President consults the Council of State.
Minister for Government Communications, Felix Kwakye Ofosu, confirmed that the petitions have been forwarded to the Council of State as required by Article 146 of the 1992 Constitution. While the specific grounds for the petitions remain undisclosed, the process is part of a constitutional procedure that could lead to significant changes within Ghana’s judiciary.
In her letter to the President on March 27, 2025, Chief Justice Torkonoo requested a fair opportunity to respond to the allegations against her. She asked for at least seven days after receiving the petitions to provide her response, which could then be included in the consultations with the Council of State under Article 146(6), prior to any potential Committee of Inquiry being formed under Article 146(7).
Assafuah, acting as a concerned citizen under Article 2(1)(b) of the Constitution, seeks several declarations from the Supreme Court regarding the interpretation of constitutional provisions governing the removal of a Chief Justice. His suit contends that the President must notify the Chief Justice and obtain her comments before consulting the Council of State on the matter.
Reliefs Sought by the Plaintiff
Assafuah seeks the following declarations from the court:
- The President must notify the Chief Justice and obtain her comments before referring a removal petition to the Council of State, as per Articles 146(1), (2), (4), (6), and (7), 23, 57(3), and 296 of the Constitution.
- The failure to notify the Chief Justice before initiating consultation with the Council of State violates Article 146(6) and undermines the constitutional protection of the Chief Justice’s security of tenure.
- Any omission in this process constitutes unjustified interference with the independence of the judiciary, violating Articles 127(1) and (2) of the Constitution.
- The President’s failure to obtain the Chief Justice’s comments before triggering the removal process violates the right to a fair hearing, rendering the consultation process invalid.
- Any other reliefs deemed appropriate by the court.
