Supreme Court dismisses another suit against CJ removal process as unmeritorious

The Supreme Court has, by a 4 to 1 majority decision, dismissed an application brought before it by a private citizen, Theodore Kofi Atta-Quartey, challenging the process to possibly remove the suspended Chief Justice, Justice Gertrude Torkonoo, from office.

The application was deemed unmeritorious and subsequently dismissed on Wednesday, May 21.

This is the second suit on the same matter to have been dismissed by the Supreme Court panel on the same day.

In the earlier suit, the Court, also by a 4–1 majority decision, dismissed a case filed by the Centre for Citizenship, Constitutional and Electoral Systems (CenCES) that sought to reverse President John Mahama’s suspension of the Chief Justice and halt the work of the committee set up to consider her possible removal from office.

The five-member panel comprised Justices Paul Baffoe-Bonnie (Presiding), Issifu Omoro Tanko Amadu, Yonny Kulendi, Henry Anthony Kwofie, and Yaw Asare Darko. Justice Yaw Asare Darko was the sole dissenter in the ruling.

CenCES had argued that the President’s action violated constitutional provisions and sought an order to invalidate both the suspension and the ongoing proceedings by the committee of inquiry.

However, the apex court upheld the President’s decision, allowing the committee’s work to continue.

Also, in the second case, Justice Yaw Asare Darko was the sole dissenter in the ruling.

Filed on Tuesday, 20 May 2025, the plaintiff in the second case had requested the apex court to place an interlocutory injunction on the work of the committee of inquiry established under Article 146 of the 1992 Constitution. He had argued that until his suit was fully determined, the proceedings relating to the Chief Justice’s removal should be put on hold.

The application also sought to suspend the operation of the President’s Warrant of Suspension, issued under Article 146(10)(a), which led to the Chief Justice’s temporary removal from office on 22 April 2025.

Key Reliefs Sought

Mr Atta-Quartey was seeking five major reliefs from the Supreme Court:

A declaration that under Articles 23, 146(6), and 296(b) & (c) of the Constitution, the President’s discretionary authority to determine the existence of a prima facie case for removing the Chief Justice must be regulated by a published constitutional instrument.

A declaration that the Council of State’s advisory role in such matters must also be governed by a transparent and codified process, subject to a constitutional instrument.

A declaration that the committee of inquiry’s proceedings under Article 146(6) must follow clearly defined procedures, powers, and limitations set out in a constitutional instrument.

An order nullifying all proceedings related to the removal petitions, including the President’s prima facie determination, the suspension of the Chief Justice, and the formation of the inquiry committee, on grounds that they violate Articles 296(c) and 11(7) of the Constitution.

Any other orders or reliefs the Court deems necessary to protect the institutional independence of the Judiciary.

The President’s suspension of the Chief Justice was announced in a statement issued by the Minister in charge of Government Communications, Felix Kwakye Ofosu.

The action followed three separate petitions seeking her removal, with the President acting in accordance with Article 146(10) of the Constitution.