A law professor at the University of Ghana, Professor Kwadwo Appiagyei-Atua, has said that while former Chief Justice Gertrude Torkornoo has the right to seek reinstatement, her return to the Supreme Court bench may be difficult.

Speaking in an interview on Channel One TV and monitored by GhanaWeb on Friday, September 19, 2025, he pointed out the legal and practical challenges surrounding her potential return.

Prof Appiagyei-Atua explained that Gertrude Torkornoo's case exposes flaws in the 1992 Constitution particularly Article 146, which outlines procedures for the removal of superior court judges.

He explained that the provision creates a loophole because while a Chief Justice can be removed from office, the constitution does not expressly state whether such removal also strips the individual of their position as a Supreme Court judge.

This, he argued, leaves room for confusion and practical challenges.

“It also spells out why there’s a need to really amend Article 146, as it is now, I see a loophole. The loophole is that even if you are removed, you can technically remain a Supreme Court judge.

"In that sense, the practicality is challenging. A lot of decisions have been made against her, creating a toxic environment. How is she going to relate to colleagues who ruled against her? That is where the gap lies. In practical terms, it may be difficult for her to come back, but legally, she has the right to do so," he remarked.

FULL TEXT: Read Torkornoo’s fresh suit challenging her removal as Supreme Court Judge

Gertrude Torkornoo, has gone to court to challenge her removal as a Justice of the Supreme Court by President John Dramani Mahama.

In a judicial review application filed at the High Court on September 17, 2025, she argued that her removal as a Justice of the Supreme Court was unlawful, as the recommendation for her removal was in respect of her office as the Chief Justice, which followed a procedure completely different from that of the removal of a Justice of the Supreme Court.

Torkornoo goes to court to challenge her removal as Supreme Court Justice

She is therefore seeking an order of certiorari to quash the warrant of removal as a Justice of the Supreme Court on the basis that it violated the constitutional provisions for the removal of a Justice of the Superior Courts and, therefore, unlawful, null and void.

Torkornoo is asking the court to declare that President Mahama lacks the power to remove a Justice of the Superior Courts from office except for the removal being in accordance with Article 146 of the Constitution.

On September 1,2025, President Mahama, following a recommendation by a five-member committee set up to hear a petition against Torkornoo, removed her as the Chief Justice after the committee cited her for stated misbehaviour.

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