Former CJ In Trouble Again
Sep 25, 2025
A-G Seeks Supreme Court Interpretation on Removal of Chief Justice as Supreme Court Judge
September 24, 2025
The Attorney-General (A-G) has asked the Supreme Court to interpret a critical constitutional issue: whether a Chief Justice who is removed from office automatically ceases to be a Justice of the Supreme Court.
This move follows a challenge filed by immediate past Chief Justice Gertrude Sackey Torkornoo, who is contesting President John Mahama’s decision to remove her both as Chief Justice and as a Justice of the Supreme Court.
The A-G, through Deputy Attorney-General Dr Justice Srem-Sai, has filed an application before the High Court seeking constitutional reference to the Supreme Court in line with Article 130 of the 1992 Constitution. The application raises three key questions for interpretation:
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Whether a person retains their previous judicial office upon appointment as Chief Justice.
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Whether membership of the Superior Court of Judicature is held ex officio by virtue of being Chief Justice.
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Whether removal from the office of Chief Justice also results in loss of membership of the Superior Courts.
Under Article 130(2), once a constitutional question arises in a lower court, proceedings must be halted and referred to the Supreme Court for interpretation.
Justice Torkornoo’s Case
On September 18, Justice Torkornoo filed a judicial review application at the High Court, arguing that her removal from the Supreme Court was unlawful. She contends that the committee that investigated her conduct was set up under Article 145(6), which applies only to the Chief Justice, not to Justices of the Supreme Court.
She is seeking, among other reliefs:
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An order of certiorari to quash President Mahama’s warrant of removal dated September 1.
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A declaration that the President lacks the power to remove a Justice of the Superior Courts outside the procedures of Article 146.
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A ruling that only a committee constituted under Article 146(4) can recommend the removal of a Justice of the Superior Court.
Background
Justice Torkornoo was removed as Chief Justice on September 1, 2025, after a five-member committee found her guilty of misconduct. Based on the same recommendation, President Mahama also removed her as a Justice of the Supreme Court.
She argues that the two processes are constitutionally distinct and that the committee had no jurisdiction to extend its findings beyond her role as Chief Justice.
The Supreme Court’s eventual interpretation is expected to set a precedent on the constitutional relationship between the office of the Chief Justice and membership of the apex court.
