Can the Supreme Court Save Itself and Its Future?

May 22, 2025

In an extraordinary development unprecedented in Ghana’s constitutional history, the suspended Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, has instituted a suit before the Supreme Court invoking its original jurisdiction. By writ filed on the 21st May 2025, she is seeking multiple reliefs, including declarations on the scope of her rights to fair and public hearing, the constitutionality of the President’s actions, and the qualifications of certain committee members.

The suit raises complex and critical questions of constitutional interpretation as to whether:

1. a Chief Justice can waive her right to an in camera hearing under Article 146(8)
2. the determination of a prima facie case must necessarily be accompanied by a reasoned, quasi-judicial decision.
3. There are any safeguards to ensure that proceedings under Article 146 are not used to undermine the independence of the judiciary.

These questions, and the broader implications of the suit, lie at the heart of a legal and constitutional moment that may well redefine the contours of judicial independence, executive authority, and procedural fairness under the 1992 Constitution.

Stay tuned as the Supreme Court prepares to pronounce on these matters which will invariably impact them now and in the future.