The action directly challenges her suspension and the ongoing proceedings related to three petitions for her removal.
Justice Torkornoo’s extensive suit seeks 16 reliefs from the nation’s highest court.
Her legal challenge is directed against the Attorney General, who acts as counsel for President John Dramani Mahama, and the members of the five-member panel constituted by the President to investigate the petitions as mandated by the 1992 Constitution.
On the back of this development, US-based Ghanaian legal luminary, Professor Stephen Kwaku Asare, widely known as Kwaku Azar, provided a comprehensive analysis of the Chief Justice’s case.
In a Facebook post on Wednesday, May 21, 2025, Azar delineated Justice Torkornoo’s application as consisting of three distinct writs, two injunction requests, and 16 specific reliefs.
Azar elaborated on these reliefs, noting that the first three pivotal requests from Justice Torkornoo are for a public hearing of the petitions.
This particular demand, Azar pointed out, stands in direct opposition to the constitutional provision that dictates such investigative hearings be conducted in secret.
“The Chief Justice wants a declaration that she’s entitled to a public hearing and can waive in camera proceedings.
“GOGO raises an eyebrow. But Article 146 says such proceedings shall be held in camera.’ It’s not optional. It’s not a privilege. It’s a command,” Azar wrote.
The legal luminary said that the CJ’s relief numbers 4, 5 and 6 basically say that the determination of the prima facie case against her by the Council of State was wrong.
“She says the prima facie determination was flawed, lacked reasoning, and violated her rights.
“GOGO humbly notes that this stage is not a judgment; it’s a threshold filter. Not every constitutional process mimics a full trial,” he added.
“Reliefs 10, 11, 12 and 13 of the Chief Justice’s application, raise issues of conflict of interest against the two justices on the five-member committee hearing the probe, Justice Gabriel Scott Pwamang, who is chairman of the committee, and Justice Samuel Kwame Adibu-Asiedu, the other judge on the case,” he said.
Kwaku Azar also indicated that the 14th relief of the Chief Justice wants the three other members of the committee—former Auditor-General Daniel Yao Domelevo, Ghana Armed Forces’ Major Fora Bazaanura Dalugo, and University of Ghana academic, Professor James Sefah Dzisah—all disqualified from a committee set up by President Mahama.
“Now she wants to disqualify the non-judicial members as well. On what basis? GOGO looks closely and finds little. No conflict. No misconduct. Just more procedural fog,” he stated.
He added that the 15th relief, which he said was ‘the heart of the matter,’ wants the court to stop the committee from doing its work.
“Relief 16: And anything else the court may deem fit. Ah, yes, the always convenient ‘catch-all’ prayer. Open-ended. Undefined. Unmoored,” Prof Azar added.
Read his write-up below:
GOGO has obtained and reviewed the latest writ filed by the suspended Chief Justice, Gertrude Araba Sackey Torkornoo.
The writ lists 16 reliefs and orders, some bold, some novel, some familiar and seeks, in essence, to halt the work of the committee set up under Article 146 to investigate her conduct.
We do not judge. But we do observe. And here’s what we see:
Reliefs 1–3: Public Hearing, Please?
The Chief Justice wants a declaration that she’s entitled to a public hearing and can waive in camera proceedings.
GOGO raises an eyebrow. But Article 146(😎 says such proceedings “shall be held in camera.” It’s not optional. It’s not a privilege. It’s a command.
Reliefs 4–6: Prima Facie, Sir?
She says the prima facie determination was flawed, lacked reasoning, and violated her rights.
GOGO humbly notes that this stage is not a judgment, it’s a threshold filter. Not every constitutional process mimics a full trial.
Reliefs 7–9: Suspend the Suspension?
She wants her suspension reversed, arguing that it’s unconstitutional and an assault on judicial independence.
GOGO sees it differently. Article 146(10) makes the suspension an option once a prima facie case is found. The President is entirely within his powers to suspend her, as he did with the former CHRAJ Commissioner, Ms. Lamptey.
Reliefs 10–13: Disqualify the Judges?
She wants Justices Pwamang and Adibu-Asiedu off the committee, citing bias. One ruled in favor of a petitioner in the past. Another sat on a related injunction panel.
GOGO gently points out: Ghanaian judges are often on multiple cases involving similar names. That’s not bias. That’s the job. In fact, the CJ herself has been very harsh on lawyers who tried to raise potential bias by Justice Gaewu, admonishing them “not to go there.”
Relief 14: Disqualify the Lay Members Too?
Now she wants to disqualify the non-judicial members as well.
On what basis? GOGO looks closely and finds little. No conflict. No misconduct. Just more procedural fog.
Relief 15: Stop the Committee Altogether
This is the heart of the matter. She wants the committee stopped cold. GOGO has seen this request twice before; both times dismissed by the Supreme Court. Third time lucky?
Relief 16: And Anything Else the Court May Deem Fit
Ah yes, the always convenient “catch-all” prayer. Open-ended. Undefined. Unmoored.
GOGO’S BOTTOM LINE:
We do not judge. We just observe.
Three writs. Two injunctions. Sixteen reliefs. Timing that always coincides with scheduled committee sittings. A familiar pattern?
GOGO says:
The Constitution must not be turned into a maze for evasion. The court must protect its time. The process must be allowed to work.
If this continues unchecked, GOGO fears Article 146 could go from a tool of oversight to a treadmill of obstruction; moving all the time, but going nowhere.
