Centre for Citizenship, Constitutional and Electoral Systems (CenCES), a Ghanaian company limited by guarantee (LBG), has filed a writ at the Supreme Court seeking an order to stop the five-member committee appointed by the President from carrying out its probe into some three petitions against the Chief Justice (CJ) and for the warrant issued to suspend the Chief Justice to be struck down.
The action of the Centre for Citizenship, Constitutional and Electoral Systems (CenCES) was instituted against the Attorney General (1st Defendant), Her Ladyship, Chief Justice Gertrude Araba Esaaba Sackey Torkornoo (2nd Defendant), and His Lordship Justice Gabriel Scott Pwamang, a Justice of the Supreme Court and chairman of the presidential investigative committee established by the President (3rd Defendant).
Reliefs sought
According to the writ filed by CenCES, dated 15 May 2025 and signed by their lawyer, Jacob Acquah-Sampson, the not-for-profit organisation notes that upon a true and proper interpretation of Articles 17 (1) (2) (3), 23, 296, 146 (1), (2), (3), (4) and (6) of the 1992 constitution, the 22 April 2025 determination of a prima facie case and suspension of the Chief Justice by the President was unconstitutional. To this end, he wants the Supreme Court to declare the actions null, void, and of no effect.
In his action, the plaintiff is seeking a total of seven reliefs from the Supreme Court. He is among others, asking for “a declaration that upon a true and proper interpretation of articles 17(1), (2), (3), 146(1), (2), (3) and (6), 125(3) and (4), 127(1) and (2) of the 1992 Constitution, the purported determination by the President communicated by the Secretary to the President that a prima facie case has been established against the Chief Justice contravenes the constitutional prohibition of executive interference with the independence of the Judiciary prohibited by articles 125(3) and (4), 127(1) and (2) and is therefore void.”
“A declaration that, upon a true and proper interpretation of articles 146(1), (2), (3), (4), and (6), 23, and 296 of the Constitution, the establishment of a five-member committee to inquire into three petitions against the Chief Justice without a prima facie case duly determined according to article 146 (1), (2), (3), (4), and (6) violates the 2nd Defendant’s (The Chief Justice) right to equal treatment before the law guaranteed under article 17 (1) (2) (3) and the right to fair trial under article 19 (13) and so is unconstitutional, unlawful, null, void and of no effect.
“An order restraining the committee set up by the President from proceeding to carry out the terms of reference of the committee set out in the letter dated 22 April 2025, and to inquire into the three petitions against the Chief Justice, and to restrain the 2nd Defendant from participating in proceedings of the Committee.
“A declaration that, upon a true and proper interpretation of articles 146(1), (2), (3),(4), and (6), 23 and 296 of the Constitution, the warrant for suspension issued by the President to suspend the Chief Justice dated 22 April, 2025, violates the directions of the Constitution in articles 146 (1), (2), (3), (4), and (6), the 2nd Defendant’s right to a fair trial and equal treatment under article 17 and 19 (13), the right to administrative justice under article 23 and article 293, and the constitutional protection of the independence of the Judiciary according to article 125 (3), 127 (1), (2), (3) and is therefore unconstitutional, null, void, and of no effect.
“An order striking down the warrant for suspension issued by the President dated 22 April 2025 to suspend the Chief Justice Her Ladyship, Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, as being arbitrary, capricious, unconstitutional, and therefore void and of no effect. The plaintiff also wants the court to give any other orders it may deem fit.”
Background
The Chief Justice of the Republic, Gertrude Araba Esaaba Sackey Torkornoo, was suspended from office by the President of the Republic, John Dramani Mahama, on Tuesday (22 April 2025).
The president’s actions, which are said to be grounded in Article 146 (10) of the 1992 constitution, were largely inspired by three petitions that the president received seeking the removal of the Chief Justice from office.
A group calling itself Shining Stars of Ghana submitted the first petition to the president on 14 February 2025. Kingsley Agyei, who describes himself as the chairman and convenor of the Shining Stars of Ghana, signed the petition.
The second petition, presented to the president by Daniel Ofori, is dated Monday, March 17, 2025. The petitioner essentially states 21 allegations of misbehaviour and four allegations of incompetence, all of which relate to the Chief Justice’s discharge of her administrative roles and functions as head of the judiciary.
Assistant Commissioner of Police (ACP) Ayamga Yakubu Akolgo (Esq), a senior police officer in the Ghana Police Service stationed at the National Police Headquarters in Accra, is the third and final petitioner to submit a petition to the president for the removal of the Chief Justice from office. Akolgo’s submission was also made on 14 February 2025.
CREDIT- Wilberforce Asare, AsaaseRadio
