- Former Chief Justice Gertrude Torkonoo has filed a judicial review challenging her removal as a Justice of the Supreme Court.
- She argues that the President cannot use the removal process of a Chief Justice to also strip her of her seat on the Supreme Court.
- The Attorney General has requested the High Court to refer three constitutional questions to the Supreme Court under Article 130(2).
- The AG’s office contends that the Chief Justice’s membership on the Supreme Court is ex officio, ending once the person ceases to hold that office.
- Justice Torkonoo insists her removal was unconstitutional and exceeded presidential authority.
- President John Mahama has nominated Justice Paul Baffoe-Bonnie as the new Chief Justice, pending Council of State consideration.
The legal battle over the removal of Justice Gertrude Torkonoo from the Supreme Court has taken a new turn, with the Attorney General asking the High Court to refer constitutional questions to the Supreme Court for authoritative interpretation.
Justice Torkonoo, who was removed earlier this month after a citizen’s petition, is challenging her dismissal, claiming that the President acted beyond his constitutional powers. She argues that while the removal process for a Chief Justice is clear, it cannot automatically strip her of her seat as a Justice of the Supreme Court. According to her, such an approach is irrational, unconstitutional, and violates her rights.
In response, the Deputy Attorney General, Dr. Justice Srem-Sai, has asked the High Court to refer three key questions to the Supreme Court to determine the matter. These include:
- Whether a judge who becomes Chief Justice retains their earlier judicial office.
- Whether the Chief Justice’s role in the Superior Courts is purely by virtue of holding that office.
- Whether a former Chief Justice can remain on the bench after being removed from the top office.
The Attorney General’s office, in a separate affidavit filed by Reginald Nii Odoi, insists that the Chief Justice’s membership of the Superior Courts—including the Supreme Court, Court of Appeal, and High Court—is ex officio, based solely on holding the top office. It argues that once the officeholder ceases to be Chief Justice, they lose all such judicial positions.
With the matter now hinging on constitutional interpretation, the Supreme Court’s eventual ruling is expected to set a precedent for how future Chief Justices transition after removal.
Meanwhile, President John Mahama has moved swiftly to fill the vacancy, nominating Justice Paul Baffoe-Bonnie as Ghana’s next Chief Justice under Article 144(1) of the Constitution. His nomination has already been forwarded to the Council of State for consideration.
