The Attorney General, Dr Dominic Ayine, has filed at the Supreme Court seeking a definitive interpretation on whether the removal of Gertrude Torkornoo as Chief Justice also terminates her position as a Justice of the Supreme Court.
Dr Dominic Ayine responded to former CJ Torkornoo’s High Court challenge of her removal as Supreme Court Judge; he asks that the case be stayed and referred to the Supreme Court for constitutional interpretation.
The A-G is seeking an interpretation of the removal of Gertrude Torkornoo as a Supreme Court Justice at the apex court following the former Chief Justice’s application for judicial review at the High Court, challenging the legality of her removal by President John Dramani Mahama.
Justice Torkornoo is seeking multiple declarations that the President acted outside the powers conferred by the 1992 Constitution.
Justice Torkornoo is seeking the following from the High Court:
“Declare that the President has no authority to remove a Justice of the Superior Court without adhering to the constitutionally required process.
Declare that jurisdiction to hear any removal petition against a Justice of the Superior Court lies solely with a body established under Article 146(4).
Declare that the President’s warrant of removal is “unlawful, null, void, and of no effect.”
The suit is titled The Republic v. Attorney-General, Ex Parte Justice Gertrude Araba Esaaba Torkornoo.
Also, Prof Kwadwo Appiagyei-Atua, a law professor at the University of Ghana, has said the former Chief Justice Gertrude Torkonoo has the legal right to seek reinstatement as a Supreme Court Judge.
However, the law professor noted that Gertrude Torkonoo’s return to the bench may be impractical.
According to Prof Kwadwo Appiagyei-Atua, a toxic environment has been created, with many of the decisions in Court going against those that were taken by her colleagues.
Speaking to Channel One News on Thursday, September 18, Prof. Appiagyei-Atua stated, “It spells out why there’s a need to amend Article 146, because as it is now, I see a loophole. And that loophole is that you can be a chief justice, you are removed, but you can remain as a Supreme Court judge.
In that sense, the practicality is that there has been a toxic environment created. Most of the decisions are made against her. How is she going to relate to her colleagues who made those decisions against her?”.
He added, “That is where the gap is. I think that in practical terms, it may be difficult for her to come back. But in terms of law, she has the right to go there”.
Meanwhile, President John Mahama has named His Lordship Justice Paul Baffoe-Bonnie as the new Chief Justice of Ghana.
The announcement was made on Tuesday, September 23, by the Minister of Government Communication, Felix Kwakye Ofosu.
Justice Paul Baffoe-Bonnie, the most senior Supreme Court judge, was appointed by President Mahama to act as Chief Justice during the investigation process of sacked CJ Torkornoo.
He is now confirmed as the substantive head of the judiciary after he was nominated by John Mahama.
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The Attorney General has filed at the Supreme Court seeking a definitive interpretation on whether the removal of Gertrude Torkornoo as Chief Justice also terminates her position as a Justice of the Supreme Court.#3NewsGH #TV3GH pic.twitter.com/3zKhVrCpvZ
— #TV3GH (@tv3_ghana) September 23, 2025