Attorney General refers constitutional questions to Supreme Court in Justice Torkornoo removal case

The Attorney General (AG) has asked the High Court to refer four constitutional questions to the Supreme Court for interpretation in relation to the removal of Justice Gertrude Araba Esaaba Sackey Torkornoo. The referral request is grounded in Article 130 (1)(a) and (2) of the 1992 Constitution.

The AG is seeking clarity on whether a person may retain their previous judicial office upon appointment as Chief Justice, whether the Chief Justice’s membership of the Superior Courts of Judicature is ex officio, and whether membership of the Superior Courts may be retained upon removal from the Office of Chief Justice. The AG is also requesting the court to refer any other questions it deems necessary.

These issues arose after Justice Torkornoo filed a judicial review application at the High Court challenging her removal as a Justice of the Supreme Court. She is asking the court to declare that the President lacks the power to remove a Justice of the Supreme Court without following the mandatory procedure under Article 146 of the Constitution. She is also seeking an order of certiorari to quash the presidential warrant of removal issued on September 1, 2025.

Justice Torkornoo was removed from office by President John Dramani Mahama following petitions against her, with the decision citing “misconduct and stated misbehaviour.” The Attorney General, however, has opposed her application for declarations and the order of certiorari.