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Ghanaian Citizen Petitions Supreme Court to Halt Chief Justice’s Removal Process

By Emmanuel Nkansah Abankwah Last updated Mar 27, 2025 0

A Ghanaian citizen, Ebenezer Osei-Owusu, has filed a petition at the Supreme Court seeking to restrain President John Dramani Mahama and the Council of State from proceeding with steps under Article 146(6) of the Constitution regarding the possible removal of Chief Justice Gertrude Araba Sackey Torkornoo.

The legal action comes after the presidency confirmed receiving three separate petitions requesting the removal of the Chief Justice. In response, President Mahama forwarded these petitions to the Council of State for advice, as required by the constitutional process.

However, in his writ, Osei-Owusu argues that the president acted unconstitutionally by transmitting the petitions without first determining whether they made a prima facie case against the Chief Justice. He contends that, under the law, the president must assess the validity of the allegations before initiating any formal process and must also provide the Chief Justice with copies of the petitions.

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According to the petitioner, bypassing these procedural steps violates the constitutional safeguards designed to ensure fairness and due process in the removal of a sitting Chief Justice.

Legal experts have weighed in on the matter, with some suggesting that the Supreme Court’s ruling on the petition could set an important precedent regarding the role of the executive in judicial matters.

Meanwhile, the presidency has yet to comment on the petition, and the Council of State is expected to continue deliberations on the forwarded petitions.

The case highlights growing tensions between the executive and judiciary, with critics warning that any unconstitutional attempt to remove the Chief Justice could undermine judicial independence and public confidence in the legal system.

The Supreme Court is expected to set a date for the hearing in the coming days.