Former Chief Justice Gertrude Torkonoo challenges her removal as Justice of the Supreme Court at the High Court.
Gertrude Torkonoo argue that the petitions against her were for her removal as Chief Justice, and the process for removing Justices of the Supreme Court is different.
The former Chief Justice filed an application for judicial review at the High Court, challenging the legality of her removal by President John Dramani Mahama.
Justice Torkornoo is seeking multiple declarations that the President acted outside the powers conferred by the 1992 Constitution.
Justice Torkornoo is seeking the following from the High Court:
“Declare that the President has no authority to remove a Justice of the Superior Court without adhering to the constitutionally required process.
Declare that jurisdiction to hear any removal petition against a Justice of the Superior Court lies solely with a body established under Article 146(4).
Declare that the President’s warrant of removal is “unlawful, null, void, and of no effect.”
The suit is titled The Republic v. Attorney-General, Ex Parte Justice Gertrude Araba Esaaba Torkornoo.
The legal team of former Chief Justice Gertrude Torkornoo had hinted that they will challenge the decision of the Committee of Inquiry that recommended her removal from office.
Nii Ayikoi Otoo, the lead counsel and former Attorney-General, highlighted that the former Chief Justice has been treated unfairly and deserves an opportunity to clear her name.
Nii Ayikoi Otoo, in an interview on Saturday, September 6, 2026, stated, “This is an option we are looking for to get the records straight. When Dr. Danquah went to court to talk about Re and Akoto, and that there was the abuse of a fundamental human right, people did not take him seriously.
But today, people are praising him for having fought that good fight. So, we will go to court at the right time”, he added.
Meanwhile, the Accra High Court has blocked lawyers of former Chief Justice Gertrude Sackey Torkornoo’s attempts to orally withdraw the case challenging her removal process.
The High Court ordered lawyers of former Chief Justice Torkornoo to follow the appropriate procedure in withdrawing the case challenging her removal process.
According to the court, the lawyers for the former Chief Justice must use an appropriate process to file their withdrawal.
Presiding Judge Justice Eugene Nyadu Nyantei blocked efforts by the lawyer for the former Chief Justice to withdraw the suit filed on June 23, orally.
Background
President John Mahama sacked the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, from office with immediate effect after he received a first report from the five-member committee he constituted to investigate three petitions brought against the Chief Justice.
Hours after President Mahama received the committee reports, Chief Justice Torkornoo was sacked with immediate effect.
A statement from the presidency stated, “President John Dramani Mahama has, in accordance with Article 146(9) of the 1992 Constitution, removed the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, from office with immediate effect”.
“This follows receipt of the report of the Committee constituted under Article 146(6) to inquire into a petition submitted by a Ghanaian citizen, Mr. Daniel Ofori. After considering the petition and the evidence, the Committee found that the grounds of stated misbehaviour under Article 146(1) had been established and recommended her removal from office.
“Under Article 146(9), the President is required to act in accordance with the Committee’s recommendation,” the statement concluded.
A leaked document on social media concluded that Justice Torkornoo had engaged in conduct amounting to “stated misbehaviour” under Article 146(1).
The Key finding read, “Unlawful expenditure of public funds: The committee held that the Chief Justice caused the Judicial Service to pay travel expenses for her husband and daughter during private holiday trips in 2023, including per diem allowances. This, the report stated, was an “avoidable and reckless dissipation of public funds.”
Abuse of discretionary power: The committee found that her handling of the transfer of one Mr. Baiden breached Article 296(a) and (b) of the Constitution, describing the act as misbehaviour.
Interference in judicial appointments: The report also noted that she sought to bypass the established process for nominating Justices of the Supreme Court, contrary to precedent set in the Ghana Bar Association case. The committee concluded this amounted to misbehaviour”.
The committee subsequently recommended her removal in accordance with Article 146(7). President Mahama, bound by Article 146(9), which makes the President’s action mandatory once such a recommendation is made, formally removed Justice Torkornoo by Warrant of Removal under the Presidential Seal.
Meanwhile, Justice Paul Baffoe-Bonnie, the most senior Supreme Court judge, was appointed by President Mahama to act as Chief Justice during the investigation process.
President Mahama is now expected to name former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo’s successor in the coming days.
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Former Chief Justice Gertrude Torkonoo challenges her removal as Justice of the Supreme Court, contends the petitions against her were for her removal as Chief Justice, and the process for removing Justices of the Supreme Court is different#JoyNews pic.twitter.com/bEa3WkOXYe
— Joy 99.7 FM (@Joy997FM) September 17, 2025