[2025]DLSC18373 • May 28, 2025 • Supreme Court •
HER LADYSHIP JUSTICE GERTRUDE ARABA ESAABA SACKEY TORKORNOO vs. THE ATTORNEY-GENERAL AND 6 ORS
The Applicant, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, Chief Justice of Ghana, sought interlocutory injunctions to restrain a committee appointed by the President to inquire into petitions for her removal under Article 146 of the 1992 Constitution. The petitions followed a prima facie determination against her and her suspension by the President. The Applicant challenged the constitutionality and procedural propriety of the removal process, including the in camera nature of the hearings, the composition of the committee, and the suspension warrant. She contended that the process violated her rights to a fair hearing and judicial independence.
read moreRULING TANKO AMADU JSC: INTRODUCTION: (1) This application is the fifth in a series of interlocutory injunction applications which inundated this court seeking to halt the constitutional processes following three petitions presented to the President of the Republic for the removal of the Honourable Lady Chief Justice from office pursuant to Article 146 of the 1992 Constitution. (2) On the 28th day of May 2025, this court heard arguments on the instant application for interlocutory injunction filed by the Honourable Lady Chief Justice (hereinafter referred to as the “Applicant”) against the Defendants (hereinafter referred to as the “Respondents”). By unanimous decision, this court dismissed the application and reserved the reasons for the decision. This delivery details my reasons for the position I took in respect of the application. (3) The reasons herein partly reflect the view I took in an earlier ruling delivered on the 6th of May 2025, following an applicatio...