A concerned individual named Ebenezer Osei-Owusu has filed a fresh lawsuit challenging the current strategy being used to remove Chief Justice Gertrude Torkonoo from office.
In his complaint, Osei-Owusu believes that the procedure being followed breaches the Chief Justice’s constitutional right to a fair hearing.
He argues that some actions made by the appropriate authorities violate due process and endanger the judiciary’s independence.
One of the main issues brought up in the case is that before the President, after consulting with the Council of State, makes any initial decisions, the Chief Justice must be served with the petition or petitions seeking her removal and given a chance to reply.
This most recent lawsuit follows one that was previously brought by former Attorney General Godfred Yeboah Dame, who was representing Old Tafo Member of Parliament Vincent Ekow Assafuah.
The removal procedure’s legitimacy is also contested in that lawsuit, which claims that it is politically motivated and intended to weaken judicial independence.
Osei-Owusu is asking the court to reject or revoke any petitions that the President sent to the Council of State for the Chief Justice’s dismissal.
In order to support his claims, he is also requesting any additional orders or directives that the court may think appropriate.
This comes after Chief Justice Torkonoo formally requested access to the petitions against her in a letter to the President, copies of which were forwarded to important parties.
Her demand was made soon after the Old Tafo MP filed a lawsuit challenging the process’s legitimacy and openness.
Thus, among other things, he is looking for
a. A declaration that, in accordance with the Supreme Court’s ruling in Agyei Twum v. Attorney-General & Akwetey [2005-2006] SCGLR 732 (Writ No. J1/7/2006) dated July 12, 2006, and a true and proper interpretation of articles 146(1), (2), (6), and (8) of the 1992 Constitution of the Republic of Ghana, the President of the Republic of Ghana, in consultation with the Council of State, cannot determine a prima facie case on a petition for the Chief Justice’s removal without first providing the Chief Justice with a copy or copies of the petition(s) requesting her removal and allowing her to comment on them.
b. 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.
c. A declaration that, in accordance with the Supreme Court’s ruling in the case of Agyei Twum v. Attorney General & Akwetey [2005-2006] SCGLR 732 (Writ No. J1/7/2006) dated July 12, 2006, and the true and proper interpretation of articles 146(1), (2), (6), and (8) of the 1992 Constitution of the Republic of Ghana, the President of the Republic of Ghana, acting in consultation with the Council of State, cannot appoint a committee to investigate or recommend a petition for the removal of the Chief Justice without first providing the Chief Justice with a copy or copies of the petition(s) seeking her removal and allowing her to comment on them.
d. A court order reversing the President of the Republic of Ghana’s decision to consult with the Council of State and forwarding three (3) petitions to remove Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, as communicated by the Spokesperson to the President Felix Kwakye Ofosu, MP, in a release/letter dated Tuesday, March 25, 2025, to the Council of State, and declaring them unconstitutional and void because they were made without first providing the Chief Justice with a copy or copies of the petition(s) seeking her removal and giving her a chance to address them.
e. An order of injunction prohibiting the President of the Republic of Ghana from consulting the Council of State to determine whether or not there is a prima facie case against Gertrude Araba Esaaba Sackey Torkornoo, the Chief Justice of the Republic of Ghana, and from forming a committee to investigate or recommend on the alleged petitions for the Chief Justice’s removal. Additionally, the order prohibits the President from acting and/or initiating any proceedings for the Chief Justice’s removal in violation of her right to a fair hearing.
f. A directive recalling or otherwise invalidating any petitions submitted to the Council of State by the President for the removal of Gertrude Araba Esaaba Sackey Torkornoo, the Chief Justice of the Republic of Ghana.
g. Any further directives and instructions that this Honorable Court deems necessary to implement the aforementioned declarations and decrees.
In the meantime, MP Vincent Assafuah filed an application for an injunction on April 2, 2025, asking the Supreme Court to stop the President’s ongoing process, which was started based on three different petitions.
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