The Supreme Court has, by a 4–1 majority decision, dismissed a lawsuit filed by the Centre for Citizenship, Constitutional and Electoral Systems (CenCES), which sought to reverse President John Mahama’s suspension of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo and stop the ongoing process to consider her removal from office.
The landmark ruling by the five-member panel—made up of Justices Paul Baffoe-Bonnie (Presiding), Issifu Omoro Tanko Amadu, Yonny Kulendi, Henry Anthony Kwofie, and Yaw Asare Darko—rejected CenCES’ claims that the President’s action was unconstitutional. Justice Yaw Asare Darko stood alone in dissent.
CenCES, a civil society group incorporated as a company limited by guarantee, had sued the Attorney General (1st Defendant), the Chief Justice (2nd Defendant), and Supreme Court Justice Gabriel Scott Pwamang (3rd Defendant), who chairs the presidential committee investigating the Chief Justice.
In its writ filed on 15 May 2025, CenCES argued that President Mahama had overstepped his constitutional authority by suspending the Chief Justice and initiating a removal process without first establishing a valid prima facie case, as required under Article 146 of the 1992 Constitution.
“The President’s actions are a gross violation of the principle of judicial independence and an assault on the rule of law. The process lacks transparency and ignores critical safeguards enshrined in Articles 125, 127, 17, and 19 of the Constitution,” CenCES stated in its filing.
CenCES sought seven separate reliefs, including A declaration that the Chief Justice’s suspension was unconstitutional; An order nullifying the President’s 22 April 2025 suspension directive; An injunction restraining the committee of inquiry from continuing its work; and A directive barring the Chief Justice from participating in any aspect of the proceedings due to conflict of interest concerns.
Despite these arguments, the Supreme Court ruled in favour of the state, effectively endorsing the President’s authority and the legitimacy of the ongoing inquiry.
The court has now turned its attention to a second legal challenge filed by private citizen Theodore Kofi Atta-Quartey, who is also contesting the legality of the removal process.
Atta-Quartey is seeking an interlocutory injunction to suspend the work of the Article 146 committee until his suit is fully adjudicated. He maintains that proceeding with the investigation while a constitutional challenge is pending would compromise due process.