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ASSAFUAH AND ATTA-QUARTEY
V.
ATTORNEY GENERAL (CONSOLIDATED)

(2026) JELR 115379 (SC)

Supreme Court 2 Jul 2026 Ghana
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- The Supreme Court addressed consolidated actions challenging the constitutionality of the process for removing the Chief Justice of Ghana, particularly focusing on whether an antecedent hearing for the Chief Justice and the prior promulga

Case Details

Suit Number:Suit Nos: J1/18/2025 & J1/21/2025
Judges:AMADU JSC, KULENDI JSC, KWOFIE JSC, DZAMEFE JSC, ADJEI JSC, SUURBAAREH JSC, AMALEBOBA JSC
Counsel:RICHARD GYAMBIBI ESQ. FOR THE PLAINTIFF IN WRIT NO. 31/18/2025 WITH YAA I (OBI FRIMPOMAA ESQ. AND YAW ADU BREMPONG ESQ. IBRAHIM ANYASS MOHAMMED ESQ. FOR THE PLAINTIFF IN WRIT NO. 31/21/2025 WITH J. B AFRIFA ESQ. DR. JUSTICE SREM SAI (DEPUTY ATTORNEY„GENERAL) FOR THE DEFENDANT IN BOTH WRIT NOS. 31/18/2025 & Jl/21/2025 WITH FAFA KPODO (CHIEF STATE ATTORNEY), REGINALD NII ODOI (STATE ATTORNEY) AND GIFTY DUMELO (ASSISTANT STATE ATTORNEY)

JUDGMENT

TANKO AMADU JSC

INTRODUCTION:

1. My Lords, in the exercise of judicial power vested in the Supreme Court pursuant to Article 126(4) of the 1992 Constitution, few duties laid upon the court are graver than that of pronouncing upon the validity or otherwise of the process by which the Republic may remove the very head of its Judiciary. The office of Chief Justice is a constitutional trust, held on behalf of the people of Ghana, and it is independent and immune from executive or parliamentary interference except as otherwise provided by the same Constitution which guarantees the independence of the office.

2. However, the framers of the 1992 Constitution understood that, judicial office being a public trust, where the Chief Justice or any Justice of the Superior Courts has fallen into stated misbehaviour, incompetence, or infirmity, the holder of any such judicial office may, by a process scrupulously prescribed, be removed from office. Articles 127 and 146 of the 1992 Constitution …

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