The Supreme Court of Ghana will this morning hear an application brought by private citizen Theodore Kofi Atta-Quartey, seeking to halt ongoing processes aimed at the potential removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo from office.
The plaintiff is requesting the apex court to place an interlocutory injunction on the work of the committee of inquiry established under Article 146 of the 1992 Constitution. He argues that until his suit is fully determined, the proceedings relating to the Chief Justice’s removal should be put on hold.
Filed on Tuesday, 20 May 2025, the application also seeks to suspend the operation of the President’s Warrant of Suspension, issued under Article 146(10)(a), which led to the Chief Justice’s temporary removal from office on 22 April 2025.
The application, signed by his lawyer Ibrahim-Anyass Muhammed, is directed against the Attorney General.
Key Reliefs Sought
Mr. Atta-Quartey is seeking five major reliefs from the Supreme Court:
- A declaration that under Articles 23, 146(6), and 296(b) & (c) of the Constitution, the President’s discretionary authority to determine the existence of a prima facie case for removing the Chief Justice must be regulated by a published constitutional instrument.
- A declaration that the Council of State’s advisory role in such matters must also be governed by a transparent and codified process, subject to a constitutional instrument.
- A declaration that the committee of inquiry’s proceedings under Article 146(6) must follow clearly defined procedures, powers, and limitations set out in a constitutional instrument.
- An order nullifying all proceedings related to the removal petitions, including the President’s prima facie determination, the suspension of the Chief Justice, and the formation of the inquiry committee, on grounds that they violate Articles 296(c) and 11(7) of the Constitution.
- Any other orders or reliefs the Court deems necessary to protect the institutional independence of the Judiciary.
The President’s suspension of the Chief Justice was announced in a statement issued by the Minister in charge of Government Communications, Felix Kwakye Ofosu. The action followed three separate petitions seeking her removal, with the President acting in accordance with Article 146(10) of the Constitution.
Today’s Supreme Court sitting could determine whether the ongoing process to remove the Chief Justice proceeds or is temporarily halted pending full judicial interpretation of the constitutional requirements.
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