The Supreme Court has dismissed a legal challenge brought by the Centre for Citizenship, Constitutional and Electoral Systems (CenCES) against the suspension of Chief Justice Gertrude Torkornoo by President John Mahama.
In a 4–1 majority decision, the Court upheld the President’s actions and allowed the ongoing removal inquiry by a five-member committee to proceed.
CenCES had argued that the suspension was unconstitutional and undermined judicial independence, citing violations of Articles 125, 127, 17, and 19 of the 1992 Constitution.
CenCES also questioned the legality of the prima facie case that led to the Chief Justice’s suspension and sought to nullify the committee’s formation and halt its proceedings.
However, the Court ruled that the President’s actions did not breach the Constitution.
Justices Baffoe-Bonnie, Tanko Amadu, Kulendi, and Kwofie formed the majority, while Justice Yaw Asare Darko dissented.
The ruling reaffirms the executive’s authority under Article 146 to initiate proceedings against a superior court judge when a prima facie case is established. Despite expressing disappointment, CenCES acknowledged the Court’s ruling.
The Supreme Court’s decision allows the work of the removal committee, chaired by Justice Gabriel Scott Pwamang, to continue as planned, despite the objections raised by CenCES and their call for a halt to the process.
The case has brought renewed focus to the protections afforded to the judiciary in Ghana’s constitutional framework and the limits of executive authority in matters of judicial discipline.
