Osei-Owusu files injunction application at Supreme Court to stop ongoing removal processes against Chief Justice
A Ghanaian citizen, Ebenezer Osei-Owusu has filed an application at the Supreme Court to injunct the President of the Republic, John Dramani Mahama and the Council of State from going ahead with the processes enshrined in Article 146 (6) for the removal of the Chief Justice of the Republic, Justice Getrude Araba Sackey Torkornoo following the disclosure by the presidency that it has received three separate petitions demanding the removal of the head of the judicial arm of government.
On Thursday, 27 March 2025, the Chief Justice, in a letter addressed the President and copied to the Chairman of the Council of State, Chief Justice Sophia Akuffo (rtd), member of the Counci lof State, President of the Supreme Court, President of the Association of Magistrates and Judges, President of the Ghana Bar Association, requested for copies of the petitions against her. Her request confirmed that two days after the presidency disclosed the development, she has not been served with same.
The applicant, Mr. Osei-Owusu, essentially contends that not only has the Chief Justice not been heard, but she has also not been served with the petitions, thereby preventing her from being aware of their content. That notwithstanding and also notwithstanding the fact that all proceedings under article 146 are to be held in Camera, the applicant notes that the President has made public the fact of receiving the Petitions and forwarding same to the Council of State.
“It is the submission of the Plaintiff that, this act of the President in making public the fact of receiving the Petitions and also the submission of same to the Council of State without first serving copies of same on the Chief Justice and offering her a hearing is unconstitutional and also violates the right of the Chief Justice to be heard,” the applicant pleaded in his statement of claim.
The injunction application which is scheduled to be moved at the Supreme Court on Wednesday, 2 April 2025 was filed pending the determination of the substantive suit filed by the applicant (Ebenezer Osei-Osuwu) challenging the constitutionality of the decision of the President to forward the three petitions he has received against the Chief Justice without offering her an opportunity to respond to her accusers before triggering the laid down constitutional process for her removal.
Reliefs sought
In all, the applicant (Ebenezer Osei-Owusu) is seeking seven reliefs in his application, one of which is an injunction order to restrain the President from proceeding to consult the Council of State to determine the existence or non-existence of a case against the Chief Justice.
First, Mr Osei-Owusu wants “a declaration that, upon a true and proper interpretation of articles 146(1), (2), (6) and (8) of the 1992 Constitution of the Republic of Ghana and of the decision of the Supreme Court in the case of Agyei Twum v. Attorney-General & Akwetey [2005-2006] SCGLR 732 (Writ No. J1/7/2006) dated 12th July 2006, a determination of a prima facie case by the President of the Republic of Ghana in consultation with the Council of State on a Petition for the removal of the Chief Justice cannot be made without first furnishing the Chief Justice with a copy or copies of the Petition(s) seeking her removal and to comment on them.
Second, “a declaration that, the decision of the President of the Republic of Ghana to consult with the Council of State and the forwarding of three (3) Petitions seeking the removal of the Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo as communicated by the Spokesperson to the President, Felix Kwakye Ofosu, MP, per his release/letter dated Tuesday 25th March 2025 to the Council of State without first furnishing the Chief Justice with a copy of purported Petitions to comment on them is contrary to the spirit of articles 146(1), (2), (6) and (8) of the 1992 Constitution of the Republic of Ghana and of the decision of the Supreme Court in the case of Agyei Twum v. Attorney General & Akwetey [2005-2006] SCGLR 732 (Writ No. J1/7/2006) dated 12th July 2006 and violates her right to fair hearing and to that extent unconstitutional, null and void.
Third, “a declaration that, upon a true and proper interpretation of articles 146(1), (2), (6) and (8), of the 1992 Constitution of the Republic of Ghana and of the decision of the Supreme Court in the case of Agyei Twum v. Attorney General & Akwetey [2005-2006] SCGLR 732 (Writ No. J1/7/2006) dated 12th July 2006, the President of the Republic of Ghana acting in consultation with the Council of State cannot appoint a committee to inquire into or make a recommendation on a Petition for the removal of the Chief Justice without first furnishing the Chief Justice with a copy or copies of the Petition(s) seeking her removal and to comment on them.
Fourth, “an order of the Court setting aside the decision of the President of the Republic of Ghana to consult with the Council of State and the forwarding of three (3) Petitions seeking the removal of the Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo as communicated by the Spokesperson to the President, Felix Kwakye Ofosu, MP, per his release/letter dated Tuesday 25 March 2025 to the Council of State as being unconstitutional, null and void same having been made without first furnishing the Chief Justice with a copy or copies of the Petition(s) seeking her removal and affording her opportunity to comment on same.
Fifth, “an order of injunction restraining the President of the Republic of Ghana from proceeding to consult with the Council of State to determine the existence or otherwise of a prima facie case against the Chief Justice of the Republic of Ghana, Gertrude Araba Esaaba Sackey Torkornoo, and also from constituting a committee to inquire into or make a recommendation on the purported Petitions for the removal of the Chief Justice and generally from acting and/or embarking on any proceedings for the removal of the said Chief Justice in breach of her right to fair hearing.
Sixth, “an order recalling, or otherwise setting aside any Petitions for the removal of the Chief Justice of the Republic of Ghana, Gertrude Araba Esaaba Sackey Torkornoo, forwarded by the President to the Council of State.
Lastly, “any other orders and directions that this honourable Court may consider appropriate for giving effect to the declarations and orders so made.
Background
The presidency, in a release dated Tuesday, 25 March 2025, and signed by Felix Kwakye Ofosu, spokesperson to the President and Minister for government communications, indicated that “President Mahama has received three petitions from various persons seeking the removal of the Chief Justice.
“The President has forwarded the three petitions to the Council of State to commence the consultation process mandated by Article 146 of the 1992 constitution,” the statement by Mr Kwakye Ofosu read. There was no indication as to whether the Chief Justice, Justice Getrud
