Former Chief Justice Gertrude Araba Esaaba Sackey Torkornoo has filed an application to review a Supreme Court ruling issued on May 28, 2026. She argues the court violated natural justice principles. The application, submitted on June 23, 2026, seeks to nullify the May 28 orders.
Torkornoo's lawyers contend the Supreme Court proceeded with matters after her legal representation withdrew. This left her without counsel. The application asserts this action violated the audi alteram partem rule. This rule ensures every party has the right to be heard before a decision. Therefore, any decision reached under such conditions should be voided.
This legal challenge fits into a broader pattern of judicial scrutiny in Ghana. It highlights ongoing debates about constitutional due process. The case also affects the interpretation of judicial independence under the 1992 Constitution. The initial removal of a sitting Chief Justice, Gertrude Torkornoo, was unprecedented. It has since sparked significant legal and public interest in the country's governance frameworks.
The application specifically targets several orders from May 28. These include allowing the hearing to proceed without her. The court also directed the Registrar to note her lawyer's withdrawal. It granted leave to file further processes before judgment. Furthermore, it adopted memoranda of issues in two writs. The court also consolidated actions for determination and adjourned the matter to July 2, 2026, for judgment.
This application is the latest development in a prolonged legal dispute. Torkornoo was removed from office on September 1, 2025. This marked the first removal of a Chief Justice under the 1992 Constitution. Petitions requesting her removal for alleged misconduct began in March 2025. President John Dramani Mahama then suspended her on April 22, 2025. He established a five-member committee. This committee, chaired by Supreme Court Justice Gabriel Scott Pwamang, investigated the allegations. The committee found grounds for stated misbehaviour and recommended her removal.
Her removal has generated a series of legal challenges. These include cases at Ghana's Supreme Court and the ECOWAS Court of Justice. The ECOWAS Community Court recently dismissed her application. It affirmed the legality of the removal process last Wednesday. This ruling followed a review of seven issues from her application and the response.
The Supreme Court will now consider Torkornoo's application for review. This decision will be crucial. It could impact future judicial procedures and the rights of legal representation. Observers will watch closely for the court's response. The outcome will further define the legal boundaries for high-ranking judicial officials in Ghana.
