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Supreme court dismisses another application seeking to reverse CJ suspension

Former Chief Justice of the Republic of Ghana, Justice Gertrude Araba Esaaba Sackey Torkornoo
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The Supreme Court has dismissed a second application challenging President John Mahama’s suspension of the Chief Justice, Gertrude Sackey Torkornoo.

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The case, filed by the Centre for Citizenship, Constitutional and Electoral Systems (CenCES), was rejected by a 4–1 majority decision on Wednesday, 21 May 2025.

The five-member panel included Justices Paul Baffoe-Bonnie (Presiding), Issifu Omoro Tanko Amadu, Yonny Kulendi, Henry Anthony Kwofie, and Yaw Asare Darko. Justice Yaw Asare Darko was the sole dissenter.

MPs can only vacate their seats if they move from one party to another—Supreme Court
MPs can only vacate their seats if they move from one party to another—Supreme Court
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In a writ dated 15 May 2025, CenCES argued that the President’s determination of a prima facie case and subsequent suspension of the Chief Justice were unconstitutional.

The organisation also sought an order to restrain the committee established by the President from proceeding with its work, claiming the committee’s formation was null and void.

However, the Supreme Court upheld the President’s decision, allowing the committee to continue its mandate.

This latest ruling comes just weeks after the apex court similarly dismissed an injunction application filed by the Member of Parliament for Old Tafo, Vincent Ekow Assafuah, who had also challenged the removal process of Chief Justice Gertrude Esaaba Sackey Torkornoo.

President John Mahama and Chief Justice, Her Ladyship Gertrude Torkonoo
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That decision, delivered by a separate five-member panel on Tuesday, 6 May, was reached by a 3–2 majority. Justices Paul Baffoe-Bonnie, Amadu Tanko, and Yonny Kulendi constituted the majority, while Justices Henrietta Mensa-Bonsu and Ernest Gaewu dissented.

The Chief Justice’s immediate suspension was confirmed in a statement dated Tuesday, 22 April, signed by the Minister for Government Communications, Felix Kwakye Ofosu.

The statement indicated that the decision was made in accordance with Article 146(6) of the 1992 Constitution, following consultations with the Council of State and the establishment of a prima facie case in relation to three separate petitions submitted against the Chief Justice.

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