The Supreme Court is set to settle a contentious constitutional question: whether a Chief Justice who is removed from office also automatically ceases to be a Justice of the Supreme Court.
The issue arises from a case filed by the immediate past Chief Justice, Justice Gertrude Sackey Torkornoo, who is challenging her removal as a Supreme Court Justice by President Mahama.
Her removal followed a recommendation by a committee that found her culpable of misconduct in her role as Chief Justice. The Attorney-General has since applied to the High Court to refer specific constitutional questions to the Supreme Court for interpretation.
The application, expected to be moved by Deputy A-G Dr. Justice Srem-Sai, asks the Supreme Court to clarify whether a person retains their previous judicial office upon becoming Chief Justice, whether the Chief Justice’s membership of the Superior Court is ex officio tied to the office, and whether removal from the Chief Justice role affects one’s membership of the Superior Courts.
The request is grounded in Article 130 of the Constitution, which grants the Supreme Court original jurisdiction over constitutional interpretation.
If the High Court accepts that the matter involves a constitutional question, it must refer it to the Supreme Court. Otherwise, the Attorney-General can appeal directly to the apex court for suo moto determination.
Justice Torkornoo, in her High Court application on September 18, argued that her removal as a Supreme Court Justice was unlawful.
She contended that the procedure for removing a Chief Justice is distinct from that for removing a Supreme Court Justice, and that the committee which recommended her removal as Chief Justice had no jurisdiction to recommend her removal from the Supreme Court.
She is seeking a declaration that President Mahama acted outside his powers, and that only a committee constituted under Article 146(4) can hear petitions for the removal of a Supreme Court Justice.
Her application invokes the High Court’s supervisory powers under Article 141, aimed at ensuring that lower bodies do not exceed their authority or act unfairly.
On September 1, following the committee’s recommendation, President Mahama removed Justice Torkornoo from both offices, triggering this high-profile legal and constitutional debate.
