Lead counsel for the removed Chief Justice, Justice Gertrude Torkornoo, has stated that her legal challenge to her dismissal is not driven by a desire
Lead counsel for the removed Chief Justice, Justice Gertrude Torkornoo, has stated that her legal challenge to her dismissal is not driven by a desire to return to office but by a deeper commitment to defending the Constitution and safeguarding the independence of the judiciary.
In a statement released following her dismissal, Lawyer Ayikoi Otoo clarified that Justice Torkornoo’s legal action seeks to prevent dangerous precedents that could undermine Ghana’s constitutional democracy.
“The Chief Justice is not in the least desperate to stay in office. She is fighting for what is right for the country, for the rule of law, and for her rights as a citizen in a constitutional democracy,” Mr. Otoo said.
Justice Torkornoo was removed from office by President John Mahama on Monday, September 1, 2025, following recommendations from a committee constituted under Article 146 of the 1992 Constitution. The removal took immediate effect.
In response, she has filed a legal challenge contesting both her removal as Chief Justice and as a Justice of the Supreme Court. Her lawyers argue that the President used a single removal process to strip her of two distinct judicial offices, an approach they say violates the Constitution.
According to her legal team, the Constitution provides separate removal procedures for a Chief Justice and a Justice of the Supreme Court. Applying one process to both roles, they argue, undermines constitutional safeguards and the judiciary’s institutional integrity.
Mr. Otoo also raised serious concerns about procedural flaws in the removal process, alleging suppression of evidence, constitutional breaches, and political interference. He warned that allowing the executive to remove the head of the judiciary without proper legal process would damage public trust and reduce the judiciary to a political pawn.
“This fight is bigger than one individual,” he noted. “It is about protecting the sanctity of the Constitution and preventing the subordination of the judiciary to political convenience.”
He added that the aim of the challenge is to ensure that any future Chief Justice assumes office on a “clean seat,” free from unconstitutional actions or executive manipulation.
Justice Torkornoo’s legal team has filed multiple cases, including suits before the Supreme Court and the ECOWAS Court of Justice, contesting various aspects of the removal.
Mr. Otoo appealed to Ghanaians, civil society, and the legal fraternity to support efforts to defend judicial independence and reject what he described as executive overreach.
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