By Barbara Kumah
The suspended Chief Justice (CJ), Gertrude Torkornoo has filed an interlocutory injunction at the Supreme Court, seeking to stop the five-member committee established by President Mahama from proceeding with an inquiry into three petitions calling for her removal from office.
The suit, filed on May 21, 2025, requests several declarations from the court. Justice Torkornoo argues that, based on a proper interpretation of Articles 17(1) and (2), 19(13) and (14), 146(7) and (8), 281(1), and 295(1) of the Constitution, a Chief Justice has the right to a public hearing in proceedings before a presidential committee established to investigate a removal petition.
She further contends that this right — along with other elements of a fair hearing — can only be restricted in the interest of public morality, safety, or order. According to the application, a Chief Justice called to appear before a committee under Article 146(6) may choose to waive the privilege of “in camera” (private) proceedings.
Chief Justice Torkornoo also seeks a declaration that the determination of a prima facie case regarding the removal of a Chief Justice or any Justice of the Superior Court of Judicature is a quasi-judicial process. As such, she argues, it requires a judicious evaluation culminating in a reasoned decision.
She claims that the prima facie finding made in relation to the three petitions — as conveyed in a letter dated 22 April 2025 — does not meet these standards and is therefore null, void, and of no legal effect.
The Chief Justice further argues that the President’s decision to act on this finding, along with the issuance of a warrant suspending her from office, is arbitrary, violates her right to a fair hearing, and constitutes an unconstitutional attempt to remove her as head of the judiciary — thereby infringing on the independence of the judiciary.
She is also asking the court to disqualify two Supreme Court justices from serving on the inquiry committee. According to her suit, Justice Gabriel Scott Pwamang — the committee’s chair — has previously adjudicated cases involving one of the petitioners, Daniel Ofori, and thus should be prohibited from participating. Similarly, she argues that Justice Samuel Kwame Adibu-Asiedu should not serve on the committee, having already sat on a Supreme Court panel that heard an injunction application related to these proceedings.
Justice Torkornoo is also challenging the eligibility of the remaining committee members — Daniel Yao Domelovo and two others — under Articles 146(1), (2), (4), 23, and 296 of the Constitution and sections of the Oaths Act, 1972.
She is seeking an order to restrain the committee, as currently constituted, from proceeding with its inquiry.
The application lists the Attorney-General and Minister for Justice, Justice Gabriel Scott Pwamang, Justice Samuel Kwame Adibu-Asiedu, Daniel Yao Domelovo, and the remaining committee members as defendants.
One Response
Removing one arm of government is not us easy as it’s… Or you want sworn in a chife justice before you leave office… Just focus on the economy and development of the people.. Removing cj will not change anything