A legal practitioner, Jonathan Owusu Asare, has written to the Office of the President requesting information on whether a petition has been filed seeking the removal of Supreme Court Justice Emmanuel Yonny Kulendi.

The request, dated October 7, 2025, was made under the Right to Information Act, 2019 (Act 989) and the 1992 Constitution of Ghana. It was addressed to the Information Officer at the Jubilee House and received by one Suzzy Amedi.

Mr Owusu Asare explained that his request was made “in the interest of transparency, accountability, and to clarify the position of the Presidency” regarding reports of a petition seeking the removal of the respected judge.

Quoting Article 21(1)(f) of the Constitution, which guarantees the right to information, the lawyer invoked Section 18(1) of the RTI Act, which allows citizens to access official information held by public institutions.

He said the request became necessary following widespread media reports and public discussions about the alleged petition against Justice Kulendi.

Mr Owusu Asare’s letter asked the Presidency to provide specific answers to the following:

1. Whether a petition has been filed for the removal of Justice Yonny Kulendi.
2. When such a petition was lodged.
3. Whether the petition has been forwarded to the Chief Justice for a prima facie determination under Article 146(3).
4. If so, when it was forwarded.

He reminded the Office of the President of its obligation under Section 23 of Act 989, which requires public institutions to respond to RTI requests within fourteen days of receipt, but urged an expedited response given the public interest in the matter.

“This request is made in solemn exercise of my right to information, in the public interest, to ensure clarity on a matter of significant constitutional and national importance,” the lawyer wrote.

Mr Owusu Asare, who holds degrees in law and financial markets regulation, said his objective was to promote constitutional transparency and protect judicial independence.

The Presidency is expected to respond by October 21, 2025, in line with statutory timelines.

Background

On October 2, 2025, a private citizen, Daniel Marfo Ofori-Atta, petitioned President John Mahama seeking the removal of Justice Kulendi.

He alleged that the Supreme Court Justice attempted to interfere with the administration of justice in connection with the Republic v. Cassiel Ato Forson & 2 others case, in which his cousin, Richard Jakpa, was the third accused.

Ofori-Atta claimed that Justice Kulendi’s actions amounted to “stated misbehaviour” and made him unfit to remain on the Supreme Court bench.

This petition follows the recent removal of Chief Justice Gertrude Torkornoo by President Mahama, setting the stage for another potential confrontation between the Executive and the Judiciary.

Under Article 146(4) of the Constitution, the President must forward any such petition to the Chief Justice, who will determine whether a prima facie case exists.

If established, a five-member committee must be formed to investigate the matter and report its findings for presidential action.

Justice Kulendi and Justice Henrietta Mensa-Bonsu were sworn in as Supreme Court Justices by then-President Nana Akufo-Addo on May 26, 2020, after parliamentary approval.

Justice Kulendi, a respected legal practitioner before joining the bench, once said he never intended to become a judge but felt “conscripted to serve” when appointed to the nation’s highest court.