MP, Osei-Owusu sue AG over attempt to remove CJ from office

**Hon. Vincent Ekow Assafuah, Old Tafo MP**

Two Ghanaian citizens have filed separate suits at the Supreme Court. They are Vincent Ekow Assafuah, MP for Old Tafo, and Ebenezer Osei-Owusu. Their suits challenge the Attorney General and Minister for Justice. They contest President Mahama's process to possibly remove Chief Justice Gertrude Araba Esaaba Torkornoo.

Assafuah's suit questions the procedure used by President Mahama. He invokes the Supreme Court's original jurisdiction under Article 2(1)(b) of the 1992 Constitution. He seeks an interpretation of constitutional provisions regarding a Chief Justice's removal.

Assafuah argues that the President must notify the Chief Justice first. He believes this is necessary before referring a removal petition to the Council of State. This requirement is based on Articles 146(1), (2), (4), (6), and (7), along with Articles 23, 57(3), and 296 of the Constitution.

He claims failing to notify the Chief Justice violates Article 146(6). This undermines her security of tenure and interferes with judicial independence. The lack of notification also violates her right to a fair hearing, making the consultation process invalid.

The Supreme Court will hear this matter in upcoming weeks. The Attorney-General must respond within fourteen days after being served.

**SECOND SUIT**

Ebenezer Osei-Owusu seeks to stop President Mahama’s ongoing removal process for Chief Justice Torkornoo. He argues that her constitutional right to a fair hearing has been violated. She has not received any petitions or had a chance to respond before proceedings began.

Osei-Owusu challenges the constitutionality of forwarding three petitions without notifying her first. In his claim, he states that making public these petitions without informing Torkornoo is unconstitutional.

His injunction application will be heard at the Supreme Court on April 2, 2025. It aims to prevent further actions until a decision is made on his case.

**RELIEFS**

Osei-Owusu seeks seven reliefs from the Supreme Court. He wants an injunction stopping consultations with the Council of State on this matter. Specifically, he argues that no prima facie case can be determined against Torkornoo without serving her copies of petitions first.

He also requests a declaration that forwarding these petitions without notice is unconstitutional. Additionally, he seeks an order preventing any committee from investigating until she has responded fairly.

Furthermore, he asks for an order to recall or set aside those petitions sent to the Council of State and any other appropriate reliefs protecting Torkornoo’s rights.

**BACKGROUND**

The controversy began on March 25, 2025. The presidency announced through spokesperson Felix Kwakye Ofosu that President Mahama received three petitions calling for Torkornoo’s removal. The statement indicated these were forwarded to the Council of State for consultations as required by Article 146.

However, it did not clarify if Justice Torkornoo was informed or served copies of these petitions. This omission raised concerns about due process and judicial independence among legal experts and civil society organizations.