Accra, Ghana – The fate of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo rests, at least temporarily, in the hands of the Supreme Court today, as justices hear an application that seeks to halt ongoing proceedings for her potential removal. The application, filed by private citizen Theodore Kofi Atta-Quartey, requests an interlocutory injunction on the work of the committee of inquiry currently examining petitions calling for the Chief Justice’s removal. The suit raises fundamental questions about the separation of powers and the independence of the judiciary, making it a landmark case with potentially far-reaching consequences.

The legal challenge centers on the process by which the Chief Justice removal is being pursued. Theodore Kofi Atta-Quartey, the plaintiff, is directly challenging the Attorney General in this matter. At the heart of the dispute is Atta-Quartey’s attempt to suspend the President’s Warrant of Suspension and to halt the committee of inquiry from continuing its work. The application was formally filed on Tuesday, May 20, 2025, setting the stage for today’s critical hearing.

Mr. Atta-Quartey’s application outlines five specific reliefs he is seeking from the Supreme Court. First, he requests a declaration to regulate the President’s discretionary authority through a constitutional instrument, citing Articles 23, 146(6), and 296(b) & (c) of the Constitution. Second, he seeks a declaration to govern the Council of State’s advisory role with a transparent and codified process. Third, Atta-Quartey wants the court to define clear procedures, powers, and limitations for the committee of inquiry via a constitutional instrument, referencing Article 146(6). Furthermore, he requests an order to nullify all removal petition proceedings due to alleged violations of Articles 296(c) and 11(7) of the Constitution. Finally, he seeks any other orders deemed necessary to protect the Judiciary’s institutional independence.

The context for this legal challenge includes the President’s decision to suspend the Chief Justice on April 22, 2025. This action, based on Article 146(10) of the Constitution, followed the submission of three separate removal petitions. The Minister in charge of Government Communications, Felix Kwakye Ofosu, officially announced the suspension, triggering a complex legal and political debate.

Today, the Supreme Court’s decision will determine whether the removal process can continue or if it will be temporarily suspended. The outcome of the case will hinge on the Supreme Court’s interpretation of constitutional requirements and the extent to which it believes the current process adheres to those requirements.

As the Supreme Court deliberates, the nation watches closely. Theodore Kofi Atta-Quartey’s application has brought to the forefront critical questions about the balance of power and the judiciary’s role within Ghana’s governance structure. The hearing is a pivotal moment in the Chief Justice removal saga, and its outcome will have a lasting impact on the country’s legal landscape.