CJ Removal Process: The 3 applications the Supreme Court has dismissed so far | Nsemkeka
The Supreme Court has, to date, dismissed three applications aimed at halting the ongoing probe into the three petitions seeking the removal of the Chief Justice, Gertrude Sackey Torkornoo.
1. Injunction Application by MP Vincent Ekow Assafuah
The Supreme Court dismissed an injunction application filed by the Member of Parliament for Old Tafo, Vincent Ekow Assafuah, challenging the removal process of Chief Justice Gertrude Esaaba Sackey Torkornoo.
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The decision, delivered by a five-member panel of the apex court on Tuesday, 6th May 2025, was reached by a 3–2 majority. The full judgment is expected to be published on 21st May 2025.
Justices Paul Baffoe-Bonnie, Amadu Tanko, and Yonny Kulendi formed the majority, while Justices Henrietta Mensa-Bonsu and Ernest Gaewu dissented.
The MP had sought an order restraining any steps or actions being taken under Article 146 to remove the Chief Justice, including her suspension.
2. Application by the Centre for Citizenship, Constitutional and Electoral Systems (CenCES)
Similarly, 1he Apex Court dismissed a separate application filed by the Centre for Citizenship, Constitutional and Electoral Systems (CenCES), which sought to challenge President John Mahama’s decision.
This case was dismissed by a 4–1 majority decision on Wednesday, 21st May 2025.
The five-member panel comprised Justices Paul Baffoe-Bonnie (Presiding), Issifu Omoro Tanko Amadu, Yonny Kulendi, Henry Anthony Kwofie, and Yaw Asare Darko. Justice Yaw Asare Darko dissented.
In a writ dated 15th May 2025, CenCES argued that the President’s determination of a prima facie case and subsequent suspension of the Chief Justice were unconstitutional.
The organisation also sought an order restraining the committee set up by the President, claiming its formation was null and void.
However, the Supreme Court upheld the President’s decision, allowing the committee to proceed with its mandate.
3. Application by Private Citizen Theodore Kofi Atta-Quartey
In a third case, the Supreme Court dismissed an application brought by private citizen Theodore Kofi Atta-Quartey, also challenging the process to potentially remove the suspended Chief Justice.
This application was rejected on Wednesday, 21st May 2025, by a 4–1 majority decision, with the court declaring it to lack merit.
Mr Atta-Quartey had sought five key reliefs, including:
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A declaration that under Articles 23, 146(6), and 296(b) & (c) of the Constitution, the President’s discretionary power to determine a prima facie case for the Chief Justice’s removal must be governed by a published constitutional instrument.
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A declaration that the advisory role of the Council of State in such cases should also follow a transparent, codified process subject to a constitutional instrument.
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A declaration that the committee of inquiry’s proceedings under Article 146(6) must operate under clearly defined procedures and limitations established by a constitutional instrument.
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An order nullifying all proceedings relating to the removal petitions, including the President’s prima facie determination, the Chief Justice’s suspension, and the formation of the inquiry committee, on the grounds of constitutional violations.
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Next Steps
The five-member committee formed by President John Dramani Mahama to investigate the three petitions against the Chief Justice began its hearings on Thursday, 15th May 2025.
Chaired by Supreme Court Justice Gabriel Scott Pwamang, the committee was constituted in accordance with Article 146(6) of the 1992 Constitution, following consultations with the Council of State.
It is expected to meet three times a week to thoroughly examine the evidence presented in the petitions.