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CENCES
V.
THE A.G & 2 ORS AND TORKORNOO
V.
THE A.G AND 5 ORS

(2026) JELR 115455 (SC)

Supreme Court 2 Jul 2026 Ghana
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Case Details

Suit Number:Suit Nos. J1/20/2025 & J1/22/2025
Judges:AMADU JSC, KULENDI JSC, KWOFIE JSC, DZAMEFE JSC, ADJEI JSC, SUURBAAREH JSC, AMALEBOBA JSC
Counsel:JACOB ACQUAH SAMPSON ESQ. FOR THE PLAINTIFF IN WRIT NO. J1/20/2025 WITH GEORGE ANNANG PRAH ESQ. AND PHILIPPINE ADASE ESQ. DR. JUSTICE SREM SAI (DEPUTY ATTORNEY GENERAL) FOR THE 1ST & 3RD DEFENDANTS IN WRIT NO. J1/20/2025 AND FOR THE 1ST, 2ND ,3RD,4TH,5TH & 6TH DEFENDANTS IN WRIT NO. J1/22/2025 WITH FAFA KPODO (CHIEF STATE ATTORNEY), REGINALD NII ODOI (STATE ATTORNEY) AND GIFTY DUMELO (ASSISTANT STATE ATTORNEY) KWABENA ADU KUSI ESQ. FOR THE 2ND DEFENDANT IN WRIT NO. J1/20/2025 AND FOR THE PLAINTIFF IN WRIT NO. J1/22/2025 WITH EMILY QUAYE ESQ..

JUDGMENT

TANKO AMADU JSC:-

INTRODUCTION

1. My Lords, Chapter Eleven of the 1992 Constitution of the Republic provides an elaborate frame work for the judiciary under Articles 125 to 161. Inherent in the provisions of the Articles is the security of tenure of Justices of the Superior Courts of Judicature and the independence of the judiciary. However construed, those provisions are not intended for the comfort of the justices who constitute the judiciary, but their security of tenure. The provisions are also intended for the protection of the people, the governed in whom the sovereignty of the State resides and on whose behalf the judiciary administers justice.

2. Implicit in the provisions is also a solemn covenant that, the judiciary will adjudicate without fear or favour to all persons, it being the people’s ultimate guarantee that the law, and not the will of the public office holder ultimately governs the Republic. It is therefore a matter of the gravest moment for the citizenry and t…

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