A Ghanaian citizen, Ebenezer Osei-Owusu, has taken legal action against President John Dramani Mahama and the Council of State to halt the process of removing Chief Justice Gertrude Araba Sackey Torkey from office, as outlined in Article 146(6) of the Constitution.
The action filed at the Supreme Court on March 27, 2025 comes after the presidency revealed it had received three separate petitions calling for the Chief Justice’s removal.
The letter from the Spokesperson of government Felix Kwakye Ofosu on March 25 stated that President Mahama had forwarded these petitions to the Council of State for advice and potential further action.
In his action, the Plaintiff-Osei-Owusu argues that the president overstepped his constitutional authority by forwarding the petitions without first determining a prima facie case against the Chief Justice and providing her with copies of the petitions.
“A declaration that, upon a true and proper interpretation 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 [2005-20061 SCGLR 732 (Writ No. J1/7/2006) dated 12th July 2006, the President of the Republic of Ghana acting in consultation with the Council of State cannot appoint a committee to inquire into or make a recommendation on a Petition for the removal of the Chief Justice without first furnishing the Chief Justice with a copy or copies of the Petition (s) seeking her removal and to comment on them.
“An order of the Court setting aside 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 25 March 2025 to the Council of State as being unconstitutional, null and void same having been made without first furnishing the Chief Justice with a copy or copies of the Petition (s) seeking her removal and affording her opportunity to comment on same,” the Plaintiff stated.
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