Law lecturer at the University of Professional Studies, Accra (UPSA) Law School, Ishaq Ibrahim, has weighed in on the recent removal of the former Chief Justice, Gertrude Torkornoo, who has filed for a review of her removal.
According to Mr Ibrahim, the former CJ’s decision to seek judicial review over her removal by the Supreme Court is a vindication of her rights.
“Former CJ seeking judicial review over Supreme Court removal is a vindication of her rights; we should allow her to pursue this case.”
Ibrahim believes that the President exceeded his powers by using Article 146 to remove her.
Speaking on GBC’s Current Agenda show on Saturday, September 20, 2025, he stated, “She doesn’t necessarily want to go back to the bench but wants to vindicate her right that the President using Article 146 to remove her is wrong because Article 146 does not give that power.”
The law lecturer emphasised that the former CJ’s actions are a testament to her commitment to upholding the rule of law and protecting her rights. “We should allow her to pursue this case,” Mr Ibrahim urged, adding that the President’s actions have raised concerns about the separation of powers and the independence of the judiciary.
Ibrahim’s comments come amid a growing debate about the role of the executive in the appointment and removal of judges in Ghana. While some have argued that the President has the power to remove judges, others believe that this power is subject to certain limitations and checks.
The former CJ’s decision to seek judicial review has sparked a national conversation about the rule of law, the independence of the judiciary, and the separation of powers in Ghana. As the case unfolds, it remains to be seen how the courts will interpret the President’s powers under Article 146 and what implications this will have for the Ghanaian legal system.
Former Chief Justice Gertrude Torkornoo was removed from office by President John Dramani Mahama on September 1, 2025, citing stated misbehaviour, as announced in a statement by the Minister of Government Communications, Felix Kwakye Ofosu. The removal was done in accordance with Article 146(9) of the 1992 Constitution.
A review committee found grounds for her removal and recommended it to the President. The President subsequently issued a warrant of removal, dismissing her as Chief Justice and Justice of the Supreme Court.
However, former Chief Justice Torkornoo has contested her removal in court, arguing that the President lacks the power to remove a Justice of the Superior Court without following the mandatory procedure outlined in Article 146 of the Constitution.
She claims that the removal process breached constitutional provisions, and her legal team is seeking a declaration that the warrant of removal is unlawful, null, and void.
