SC dismisses another suit against CJ removal process

Background of the case
The Supreme Court of Ghana has, by a 4–1 majority decision, dismissed a legal challenge filed by private citizen Theodore Kofi Atta-Quartey. The suit questioned the legality of the ongoing process to possibly remove the suspended Chief Justice, Justice Gertrude Torkonoo.

The Supreme Court ruled that the application is unmeritorious and dismissed it on Wednesday, May 21, 2025.

Earlier suit by CenCES also dismissed
This dismissal marks the second ruling on the same issue on the same day. Earlier, the Court—also by a 4–1 majority—dismissed a similar challenge filed by the Centre for Citizenship, Constitutional and Electoral Systems (CenCES).

CenCES sought to reverse President John Mahama’s suspension of the Chief Justice and to halt the work of the committee tasked with investigating the matter.

Panel composition and dissenting opinion
Both cases were heard by a five-member panel comprising Justices Paul Baffoe-Bonnie (Presiding), Issifu Omoro Tanko Amadu, Yonny Kulendi, Henry Anthony Kwofie, and Yaw Asare Darko.

Justice Yaw Asare Darko was the lone dissenter in both rulings.

Arguments by CenCES
CenCES contended that the President’s action breached constitutional provisions. They requested the Court to invalidate the suspension and the ongoing committee proceedings.

The Supreme Court, however, upheld the President’s decision, thereby allowing the committee to continue its inquiry.

Details of the second case
Filed on Tuesday, May 20, 2025, Mr Atta-Quartey’s suit sought to place an interlocutory injunction on the work of the committee of inquiry under Article 146 of the 1992 Constitution. He argued that the inquiry should be paused until the court had fully considered his application.

Additionally, he sought to suspend the operation of the President’s Warrant of Suspension, issued under Article 146(10)(a), which had led to the Chief Justice’s suspension on April 22, 2025.

Key reliefs sought by Plaintiff
Mr Atta-Quartey sought five primary reliefs from the Supreme Court:

1. Constitutional Regulation of Presidential Discretion
A declaration that the President’s discretion to determine a prima facie case under Articles 23, 146(6), and 296(b) & (c) must be exercised through a published constitutional instrument.

2. Council of State Advisory Role
A declaration that the Council of State’s role in such cases must follow a transparent and codified process, also backed by a constitutional instrument.

3. Regulation of Inquiry Committee Proceedings
A declaration that the committee of inquiry’s work under Article 146(6) should follow specific procedures and limitations outlined in a constitutional instrument.

4. Nullification of Proceedings
An order to nullify all related proceedings, including the President’s determination, the Chief Justice’s suspension, and the committee’s formation, for violating Articles 296(c) and 11(7).

5. Additional Reliefs
Any further orders the Court deemed necessary to preserve the independence of the Judiciary.

Presidential action explained
President John Mahama suspended Chief Justice Gertrude Torkonoo based on three separate petitions seeking her removal. His action was in line with Article 146(10) of the Constitution and was announced by the Minister in charge of Government Communications, Felix Kwakye Ofosu.