A Ghanaian legal practitioner, Jonathan Owusu Asare, has petitioned the Office of the President under the Right to Information Act, 2019 (Act 989), re
A Ghanaian legal practitioner, Jonathan Owusu Asare, has petitioned the Office of the President under the Right to Information Act, 2019 (Act 989), requesting clarity on whether a formal petition has been lodged for the removal of Supreme Court Justice Emmanuel Yonny Kulendi.
The request, dated 7th October 2025, and received by one Suzzy Amedi at the Jubilee House, seeks to confirm or deny reports suggesting that a private citizen has petitioned the President to begin constitutional proceedings to remove Justice Kulendi from the bench.
RTI Application to the Presidency
In his letter to the Information Officer at the Office of the President, Owusu Asare stated that his application was made “in the interest of transparency, accountability, and to clarify the position of the Presidency” regarding the alleged petition against the respected Supreme Court judge.
Citing Article 21(1)(f) of the 1992 Constitution — which guarantees citizens the right to information — and Section 18(1) of the RTI Act, the lawyer emphasized that every Ghanaian has the right to access official information held by public institutions.
He explained that his decision to file the RTI request was informed by growing public discussions and media reports surrounding the alleged petition to remove Justice Kulendi. “Given the national interest in this matter, I seek official confirmation and details from the Presidency,” he said in the letletter
Questions Raised in the RTI Request
Owusu Asare specifically asked the Presidency to respond to four key questions:
1. Whether a petition has indeed been filed seeking the removal of Justice Yonny Kulendi as a Justice of the Supreme Court;
2. The date such a petition was lodged;
3. Whether the petition has been forwarded to the Chief Justice for a prima facie determination as required under Article 146(3) of the Constitution; and
4. The date on which the petition was forwarded, if applicable.
The lawyer reminded the Presidency of its legal obligation under Section 23 of the RTI Act to respond to information requests within 14 days.
However, he urged that the response be expedited due to “the matter’s significant public and constitutional importance.”
He concluded by noting that his request was made “in the solemn exercise of my right to information, in the public interest, to ensure clarity on a matter of constitutional and national significance.”
Background to the Petition Against Justice Kulendi
The RTI request comes in the wake of a petition filed by private citizen Daniel Marfo Ofori-Atta on 2nd October 2025, calling for the removal of Justice Kulendi from the Supreme Court.
Ofori-Atta had earlier lodged a complaint with the Criminal Investigation Department (CID) of the Ghana Police Service, alleging that Justice Kulendi and his cousin, Richard Jakpa, had attempted to obstruct justice in the Ato Forson trial — the case of Republic v. Cassiel Ato Forson & 2 others.
Richard Jakpa, who currently serves as Director of Special Operations at the National Security Council, is the third accused in that case. Ofori-Atta alleged that Justice Kulendi’s alleged conduct amounted to “stated misbehavior” under the Constitution and warranted his removal from office.
“I have petitioned the President for the removal of Justice Yonny Kulendi as a Justice of the Supreme Court of Ghana,” Ofori-Atta said in a media interview after filing his petitions with both the CID and the Presidency.
Constitutional Procedure for Judicial Removal
Under Article 146(4) of the 1992 Constitution, when such a petition is received, the President must refer it to the Chief Justice to determine whether there is a prima facie case.
If such a case is established, a five-member committee is constituted to investigate the allegations and submit a report to the Chief Justice, who then forwards the findings to the President for action.
This latest development follows closely on the heels of President John Mahama’s recent removal of Chief Justice Gertrude Torkornoo, an action that has sparked heated debate about judicial independence and executive overreach.
Justice Kulendi’s Background
Justice Emmanuel Yonny Kulendi was appointed to the Supreme Court by then-President Nana Addo Dankwa Akufo-Addo on 17th March 2020, alongside Professor Henrietta J.A.N. Mensa-Bonsu.
His appointment came after vetting by Parliament’s Appointments Committee on May 11–12, 2020, and subsequent approval on May 20, 2020.
A seasoned lawyer and managing partner at Kulendi@Law before his elevation to the bench, Justice Kulendi has often spoken about his unplanned journey into the judiciary.
During a GIMPA Law Faculty event dubbed “Conversation with a Judge” in November 2022, he revealed that he felt “conscripted by destiny” to serve as a Justice of the Supreme Court.
What Next?
The Office of the President is legally bound to respond to Owusu Asare’s RTI request by 21 October 2025, in accordance with the statutory timeline.
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