The Member of Parliament for Old Tafo Vincent Ekow Assafuah has filed a lawsuit at the Supreme Court of Ghana seeking to stop President John Dramani Mahama from initiating the removal process of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
According to the MP, President Mahama’s actions violate constitutional provisions and threaten judicial independence.
Vincent Ekow Assafuah’s lawsuit follows Felix Kwakye Ofosu, the Minister for Government Communications has revealed that President John Dramani Mahama has taken a step in addressing three petitions submitted by individuals to boot out the Chief Justice, Gertrude Torkonoo.
According to the presidency statement, President Mahama has forwarded the petitions to the Council of State to begin the mandated consultation process.
The announcement was made on Tuesday, March 25, 2025.
In January before leaving office the former President Akufo-Addo dismissed a petition seeking the removal of Chief Justice Gertrude Sackey Torkornoo.
According to reports, Akufo-Addo through consultations with the Council of State indicated that Prof. Stephen Kwaku Asare’s petition lacked merit and did not disclose a prima facie case warranting further investigation.
Prof. Stephen Kwaku Asare’s petition dated December 17 cites the Chief Justice for alleged misbehavior and incompetence.
Part of the petition reads, “The legal basis of my petition is Article 146 (1) of the 1992 constitution of the republic of Ghana [the constitution]. For the avoidance of doubt, my petition focuses on stated misbehaviour and incompetence related to the Chief Justice’s administrative functions as head of the judiciary responsible for its supervision and administration under article 125 (4) of the constitution.”
“Accordingly, the petition does not challenge any decisions, orders, or directives issued by the Chief Justice in the performance of her duties as a justice of the Supreme Court, including those made to enforce judgments, decrees, or orders in cases she has adjudicated, the petition added.”
Prof. Stephen Kwaku Asare’s petition further stated, “When the petition is being considered at any stage, members of the Judicial Council will be subpoenaed to testify on the matter”.
“We consider the reconstitution of panels to be beyond the Chief Justice’s administrative power and amounts to a direct interference with the impartiality and independence of duly constituted judicial panels”, it added.
Additionally, Professor Stephen Adei, former Rector of the Ghana Institute of Management and Public Administration (GIMPA), has voiced strong concerns regarding the potential dismissal of the Chief Justice by President-elect John Dramani Mahama.
According to Professor Adei, such a move could establish a dangerous precedent, jeopardizing the integrity of Ghana’s judiciary and the stability of its democracy in the long term.
Professor Adei stated, “It would be disastrous if Mr. Mahama removes the Chief Justice,” Professor Adei remarked. Such a move would consolidate a very bad practice that will not augur well for the future of this country. We must resist the temptation to politicize every aspect of governance, especially our judiciary”.
He emphasized that the judiciary is a fundamental pillar of democracy, and altering its leadership for political motives could undermine public confidence in the institution.
Meanwhile, a Justice of the Superior Court or a Chairman of a Regional Tribunal shall not be removed from office except for stated misbehaviour or incompetence Article 146 (1) stipulates.
Read the writ below:
