Suspended Chief Justice Gertrude Araba Esaaba Sackey Torkornoo has filed an urgent application at the Supreme Court, seeking to restrain the investigative committee established by President John Mahama from proceeding with its inquiry into petitions for her removal.
The application, filed on Wednesday, May 21, 2025, requests an interlocutory injunction to freeze all activities of the committee pending the Supreme Court’s final determination of the legal questions surrounding her suspension.
Grounds for the Application
According to court documents sighted by legal correspondents, Justice Torkornoo is challenging the constitutional validity of the President’s action and the formation of the committee. Her legal team argues that the process breaches her rights under Article 146 of the 1992 Constitution, which outlines the mechanisms for investigating and removing justices of the superior courts.
She contends that continuing the committee’s work while the legal challenge is pending would undermine the authority of the Supreme Court and prejudice her right to a fair hearing.
Background
Justice Torkornoo was suspended earlier this year following multiple petitions to the President, alleging misconduct and abuse of office—claims her legal team strongly denies. President Mahama, acting in accordance with constitutional procedures, forwarded the petitions to the Council of State and subsequently established a five-member committee to investigate the matter.
The suspension of a sitting Chief Justice is an unprecedented development in Ghana’s democratic history and has ignited widespread legal and political debate.
Implications
If the Supreme Court grants the injunction, all proceedings by the presidential committee will be placed on hold until the Court concludes on the substantive matter—potentially delaying any recommendation on the Chief Justice’s future in office.
Observers say this legal battle could define the contours of executive oversight over the judiciary and test the resilience of Ghana’s constitutional balance of powers.
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