The Attorney General has prayed the High Court to refer four statements of questions to the Supreme Court for interpretation.
The notice of prayer for referral of stated questions is in relation to Article 130 (1) (a) and (2) of the 1992 Constitution.
In an application dubbed the Republic verses Attorney General, Ex-Parte Gertrude Araba Esaaba Sackey Torkornoo’s, the AG is asking, “Whether a person may retain his or her previous judicial office, if any, upon appointment to the Office of the Chief Justice.
Secondly, “whether the Chief Justice’s membership of the Superior Courts of Judicature is ex officio the Office of the Chief Justice.”
Thirdly, the AG is demanding, “Whether a person may retain his or her membership of the Superior Courts of Judicature upon removal from the office of the Chief Justice.”
Again, the AG is seeking any other question which the honourable court may deem fit.
These questions come after Justice Torkornoo had gone to the High Court with a judicial review application challenging her removal as Justice of the Supreme Court.
Her judicial review application was in relation to Articles 23 and 141 of the Constitution of Ghana and Order 55 of CI 47.
She is among others, seeking “a declaration that the President is devoid of power to remove a Justice of the Supreme Court from Office without recourse to the mandatory procedure set out in Article 146 of the Constitution.”
She was also praying the court for an order of certiorari quashing “the Warrant of Removal dated September 1,2025, as was in violation of the mandatory provisions regarding her removal of a Justice of the Superior Court from office.
Madam Torkornoo was removed from Office following several petitions against her.
President John Dramani Mahama removed her from office on the grounds of “misconduct and stated misbehaviour.”
Meanwhile the AG has opposed Justice Torkornoo’s prayer for the declarations and order of certiorari.
Source: GNA
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