Attorney General seeks Supreme Court’s ruling on Torkornoo’s removal
The Attorney General has stated that the case filed by former Chief Justice Gertrude Torkornoo at the High Court raises fundamental questions of constitutional interpretation that can only be resolved by the Supreme Court of Ghana.
In a Notice of Prayer for Reference filed with the High Court on September 23, 2025, the Deputy Attorney-General, Dr. Justice Srem-Sai, Esq., asked the court to promptly refer the case to the Supreme Court for interpretation.
Former Chief Justice Torkornoo is challenging her removal as a Justice of the Supreme Court, arguing that the petition which led to her removal only sought her exit as Chief Justice.
The Attorney General, in an affidavit in opposition, is against the former Chief Justice’s motion.
According to the Attorney General, the President’s inclusion of “Justice of the Supreme Court” in the Warrant of Removal was to clarify the true legal position.
The Attorney General has requested the Supreme Court to provide clarity on the following questions:
- Whether a person may retain their previous judicial office, if any, upon appointment to the office of the Chief Justice.
- Whether the Chief Justice’s membership of the Superior Courts of Judicature is ex officio the office of Chief Justice.
- Whether a person may retain their membership of the Superior Courts of Judicature upon removal from the office of the Chief Justice.
The announcement was made by the President’s spokesperson, Felix Kwakye Ofosu, on Tuesday, September 23. The nomination was made in accordance with Article 144(1) of the 1992 Constitution.
