Vincent Ekow Assafuah, the Member of Parliament for Old Tafo, has initiated legal proceedings at the Supreme Court to stop President John Dramani Mahama’s suspension of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo. Assafuah’s legal action comes after President Mahama's decision on April 22, 2025, to suspend the Chief Justice following a prima facie case raised from three confidential petitions calling for her removal.
The suspension, which was announced after Mahama’s consultation with the Council of State, led to the formation of a five-member committee to investigate the claims made against the Chief Justice, as required by Article 146(6) of the 1992 Constitution of Ghana. In his suit, Assafuah contends that the suspension process bypassed several constitutional requirements and undermines judicial independence.
At the heart of Assafuah’s argument is the assertion that the President violated the Constitution by failing to properly notify the Chief Justice about the petitions and by not seeking her response before triggering consultations with the Council of State. Under Article 146(6), the President is obliged to allow the Chief Justice to address any petition for her removal before proceeding with such significant actions.
Assafuah’s suit challenges the legality of the suspension process, arguing that it infringes upon the Chief Justice’s fundamental right to a fair hearing as outlined in Articles 23, 57(3), and 296 of the Constitution. He claims that this failure to include the Chief Justice in the initial stages of the process renders the suspension action void and of no legal effect. Assafuah’s legal challenge, therefore, calls for the Supreme Court to declare that the President’s actions were unconstitutional and a violation of the Chief Justice’s rights.
Furthermore, Assafuah is seeking a declaration from the court that the lack of communication with the Chief Justice before initiating the removal process invalidates the consultation with the Council of State and any subsequent actions based on that process. The Attorney General has been instructed to respond to the suit within 14 days, after which the court will assess the next steps.
This legal move has attracted significant attention, as it touches upon the broader issue of judicial independence and the delicate balance of powers within Ghana's government. It also raises critical questions about the procedural requirements for removing a sitting Chief Justice, a role that plays a pivotal part in the country’s legal system.
The outcome of this case will not only affect the Chief Justice’s position but could also have long-lasting implications for how judicial appointments and removals are handled in the future. It could set a precedent for how legal challenges to presidential decisions are addressed in Ghana’s judiciary, reinforcing or altering the constitutional framework that governs the actions of the executive, legislature, and judiciary.
As the court proceedings unfold, all eyes will be on the Supreme Court to see how it handles this landmark case, which pits the powers of the President against the protections afforded to judicial figures under the Constitution. The case also highlights the importance of upholding the rule of law and ensuring that all public officials, including the President, act within the bounds of the law.
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