Supreme Court Upholds Mahama’s Suspension of Chief Justice in 4–1 Ruling
Accra, May 20, 2025 — The Supreme Court of Ghana, by a 4–1 majority decision, has dismissed a suit filed by the Centre for Citizenship, Constitutional and Electoral Systems (CenCES) challenging President John Mahama’s suspension of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo and seeking to halt an ongoing inquiry into her potential removal.
The five-member panel, led by Justice Paul Baffoe-Bonnie (Presiding) and comprising Justices Issifu Omoro Tanko Amadu, Yonny Kulendi, Henry Anthony Kwofie, and Yaw Asare Darko, ruled that the President acted within the bounds of the Constitution. Justice Darko dissented, making him the lone voice against the majority verdict.
Background and Legal Challenge
CenCES filed the suit on May 15, 2025, naming as defendants:
- The Attorney General (1st),
- Chief Justice Gertrude Torkornoo (2nd), and
- Justice Gabriel Scott Pwamang, who chairs the presidential investigative committee (3rd).
The group argued that:
- The President’s April 22 suspension of the Chief Justice was unconstitutional, violating Articles 125 and 127 that guarantee judicial independence.
- The establishment of the removal committee lacked the legally required prima facie determination under Article 146, and
- The move amounted to executive overreach, infringing on the Chief Justice’s rights to fair trial and equal treatment (Articles 17 and 19).
Among its seven reliefs, CenCES sought to invalidate the suspension, stop the inquiry, and prevent Justice Torkornoo from participating in the process due to a conflict of interest.
Court Decision
The Supreme Court, however, sided with the State, upholding:
- The President’s power under Article 146 to initiate a committee of inquiry upon receiving a petition,
- The legality of the prima facie determination process, and
- The continuation of the investigative committee’s work.
Justice Yaw Asare Darko, the sole dissenter, expressed concerns over the constitutional interpretation and potential implications for judicial independence.
Related Suit
Meanwhile, the Supreme Court has also begun hearing a separate but related case filed by private citizen Theodore Kofi Atta-Quartey, who is seeking an interlocutory injunction to suspend the committee’s work until his suit is fully adjudicated. He also raises constitutional concerns over the process and the independence of the judiciary.
The unfolding legal battle is poised to have significant implications on the balance of power between the executive and judicial arms of government in Ghana.
Please download our HOTDIGITAL ONLINE APP and follow HotDigital Online on our social media platforms to stay updated on our upcoming initiatives.
#HotDigitalHealthAwareness #CommunityHealth #GhanaNursesAssociationUK #HealthMatters #HotDigitalOnline #StrongerTogether
