In accordance with Article 146(6) of the Constitution and after consulting with the Council of State, President John Dramani Mahama has determined that a prima facie case has been established in relation to three petitions filed against the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo.

A statement issued on Tuesday, April 22, read: "Pursuant to Article 146(10) of the constitution and in accordance with the advice of the Council of State, the President has by a warrant, suspended the Chief Justice with immediate effect pending the outcome of the committee's proceedings."

The statement, signed by the Minister in Charge of Government Communication, Felix Kwakye Ofosu, added that, "The President has consequently established a committee in compliance with Article 146(6) of the Constitution and in consultation with the Council of State with the following composition to investigate the petitions which have been referred to them.

1. Justice Gabriel Scott Pwamang, Justice of the Supreme Court, Chairman
2. Justice Samuel Kwame Adibu-Asiedu, Justice of the Supreme Court—Member
3. Daniel Yaw Domelevo (Former Auditor-General) – Member

4. Major Flora Bazwaanura Dalugo (Ghana Armed Forces) - Member 5. Associate Professor James Sefah Dzisah (University of Ghana) - Member.

In accordance with Article 146 of the 1992 Constitution, President John Dramani Mahama filed three petitions to the Council of State seeking advice on the removal of Chief Justice Gertrude Torkornoo.

On Tuesday, March 25, 2025, the Presidency's Communications Directorate stated that numerous persons had submitted petitions demanding the President to take action against the Chief Justice.

Following constitutional protocols, President Mahama has sent the subject to the Council of State, which will begin the consultation process before any further action is taken.

The Chief Justice eventually responded to the petition.

Meanwhile, the Supreme Court has scheduled a hearing on injunction motions against the petition to remove Chief Justice Gertrude Sackey Torkornoo from office on May 6.

The panel of four sitting instead of five, presided by Justice Osei Bonsu, stated that the adjournment was due to "unavoidable reasons."

Justice Samuel Asiedu, the fifth member of the bench, was not present when the matter was heard on Wednesday, April 16.

At the most recent adjournment, former Attorney General Godfred Yeboah Dame, who was representing Old Tafo Member of Parliament as a plaintiff in one of the injunction proceedings, argued that the president should continue with the consultation processes with the Council of State.

He pointed out that the law forbids the continuation of judicial proceedings when an injunction is filed.

In response to his remark, Attorney General Dr Dominic Ayine stated that no legislation forbids the President from carrying out his constitutional role.

"He needs to understand that this is the performance of a constitutional duty and the law is very clear that you cannot enjoin the performance of a constitutional or public obligation," according to the Attorney General.


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