Supreme Court throws out another case on Chief Justice suspension
By: Ernest Afram
The Supreme Court has, by a 4–1 majority decision, dismissed a second legal challenge seeking to halt the process initiated for the possible removal of the suspended Chief Justice, Justice Gertrude Torkonoo.
The latest suit was filed by a private citizen, Theodore Kofi Atta-Quartey, who challenged the legality of President John Mahama’s decision to suspend the Chief Justice and the ongoing proceedings of the committee of inquiry established under Article 146 of the 1992 Constitution.
The apex court, sitting on Wednesday, May 21, found the application to be unmeritorious and dismissed it accordingly. The ruling marked the second time on the same day that the court had thrown out a case related to the suspension and potential removal of the Chief Justice.
Earlier, a similar application filed by the Centre for Citizenship, Constitutional and Electoral Systems (CenCES) had also been dismissed by a 4–1 decision. In both cases, Justice Yaw Asare Darko stood out as the sole dissenter.
Mr. Atta-Quartey’s application, filed on Tuesday, May 20, sought an interlocutory injunction to stop the work of the inquiry committee until his suit had been fully determined. He also requested that the Supreme Court suspend the effect of the President’s Warrant of Suspension, which took effect on April 22, 2025.
Among the key reliefs sought, the plaintiff called for the court to declare that the President’s discretionary power to determine a prima facie case for the removal of a Chief Justice must be governed by a published constitutional instrument. He further argued that the Council of State’s advisory role in such matters should also be subject to transparent, codified procedures.
In addition, Mr. Atta-Quartey sought a declaration that the operations of the committee of inquiry must be based on clear rules and guidelines set out in a constitutional instrument, and an order nullifying all proceedings related to the Chief Justice’s suspension on the grounds that they violated constitutional provisions, particularly Articles 296(c) and 11(7).
However, the Supreme Court upheld the President’s decision and affirmed the legitimacy of the ongoing committee work. The five-member panel, led by Justice Paul Baffoe-Bonnie, included Justices Issifu Omoro Tanko Amadu, Yonny Kulendi, Henry Anthony Kwofie, and Yaw Asare Darko. Justice Darko maintained his dissent in both rulings.
The President’s suspension of Justice Torkonoo followed the receipt of three separate petitions calling for her removal. The announcement was made in a statement issued by the Minister in charge of Government Communications, Felix Kwakye Ofosu.
According to the presidency, the action was taken in accordance with Article 146(10) of the Constitution, which provides for the President to act on the advice of a committee after establishing a prima facie case through consultation with the Council of State. With both suits now dismissed, the committee of inquiry is expected to proceed with its work as the country continues to navigate a constitutionally sensitive process involving the head of the Judiciary.
