–By Issah Olegor
Suspended Chief Justice Gertrude Sackey Torkornoo has escalated her legal battle to Ghana’s Supreme Court, challenging the constitutionality of her suspension and the ongoing impeachment proceedings against her. She is also calling for the disqualification of key members of the five-member committee set up by President John Dramani Mahama to investigate petitions seeking her removal.
In a writ filed on Wednesday, May 21, 2025, the Chief Justice, through her legal counsel Godfred Yeboah Dame— the immediate past Attorney-General—is seeking a range of declaratory and injunctive reliefs.
She insists that both the process leading to her suspension and the composition of the investigative committee violate multiple constitutional provisions and should be halted immediately.
Challenge to Committee Composition
Central to her lawsuit is a request for the removal of specific members of the impeachment committee on grounds of bias and legal ineligibility.
Justice Torkornoo argues that Justice Gabriel Scott Pwamang, appointed as chairman of the committee, is unqualified due to his previous adjudication in favour of one of the petitioners, businessman Daniel Ofori.
The Chief Justice contends that Pwamang’s past rulings compromise his neutrality.
Similarly, she challenges the inclusion of Supreme Court Justice Samuel Kwame Adibu-Asiedu, asserting that his prior involvement in a panel that ruled on an interlocutory injunction concerning her case compromises the integrity and impartiality required for the inquiry committee.
Furthermore, she argues that three non-judicial members—former Auditor-General Daniel Yaw Domelevo, Major Flora Bazwaanura Dalugo of the Ghana Armed Forces, and Professor James Sefah Dzisah of the University of Ghana—lack the constitutional qualification to serve on the committee.
According to Justice Torkornoo, their appointment contravenes Articles 146 and 296 of the Constitution and sections of the Oaths Act, 1972.
CJ Seeks Public Hearing, Nullification of Suspension
Beyond issues of committee composition, the Chief Justice is also seeking a declaration that the prima facie case established by President Mahama, in consultation with the Council of State, was unconstitutional.
She insists that the determination of such a case is a quasi-judicial process that requires rigorous legal standards, which she claims were not met.
Justice Torkornoo is requesting that any hearings regarding her removal be conducted publicly, not in camera, unless secrecy is necessary for public morality, safety, or order.
She maintains that she has the constitutional right to waive the in-camera requirement and be heard openly to preserve transparency and judicial independence.
Background to the Suspension
Justice Torkornoo was suspended by President Mahama on April 22, 2025, after a prima facie case was purportedly established against her based on three petitions.
The President acted in line with Article 146(10) of the 1992 Constitution, following consultations with the Council of State.
A five-member committee was subsequently established to investigate the petitions.
In addition to Justices Pwamang and Adibu-Asiedu, the committee includes Domelevo, Dalugo, and Professor Dzisah.
The committee began its sittings on May 15, 2025, and is expected to meet thrice weekly behind closed doors, as per Article 146(8) of the Constitution.
The committee’s recommendations will be forwarded to President Mahama, who is constitutionally bound to act on them without discretion, serving merely as a conduit for implementation.
Repeated Legal Setbacks
This latest legal action follows a series of court defeats for the Chief Justice and her allies.
On May 21, 2025, the Supreme Court dismissed two interlocutory injunction applications filed by the Centre for Citizenship, Constitutional and Electoral Systems (CenCES) and a private citizen, Theodore Kofi Atta-Quartey, both seeking to halt the impeachment proceedings.
In a 4–1 majority ruling, the apex court found the applications lacking merit.
This marked the third consecutive defeat at the Supreme Court in attempts to stop or delay the impeachment process.
A previous application filed by MP Vincent Ekow Assafuah was also dismissed in early May.
Constitutional Implications
The Chief Justice’s legal team argues that the President’s approach to the impeachment process threatens judicial independence and due process.
Among her prayers to the court is a call for strict adherence to Articles 23, 146, and 296 of the Constitution, which she says outline the checks and balances required for removing a sitting Chief Justice.
The lawsuit sets up a high-stakes legal showdown that could test the limits of executive authority over the judiciary and reshape how Ghana interprets due process in impeachment proceedings involving top judicial officers.
