A Ghanaian legal practitioner, Jonathan Owusu Asare, has formally written to the Office of the President requesting information on whether a petition has been filed seeking the removal of Justice Emmanuel Yonny Kulendi from the Supreme Court.
The request, dated 7 October 2025, was made pursuant to the Right to Information Act, 2019 (Act 989) and the 1992 Constitution of Ghana.
In his letter addressed to the Information Officer, Office of the President, Jubilee House, and received by one Suzzy Amedi, Mr Owusu Asare stated that his application was made “in the interest of transparency, accountability, and to clarify the position of the Presidency” regarding the reported petition for the removal of the respected Supreme Court Justice.
Constitution basis
Mr Owusu Asare wrote, “All persons shall have the right to information, subject to such qualifications and laws as are necessary in a democratic society.” He noted that his application was made under Section 18(1) of the Right to Information Act, which gives citizens the right to access official information held by public institutions.
The lawyer explained that his request was necessitated by media reports and public discussions regarding the alleged petition to remove Justice Kulendi, which has become a matter of national interest.
Request
He therefore asked the Presidency to confirm and provide detailed responses to the following:
“One, whether or not a petition has been filed for the removal of Justice Yonny Kulendi as a Justice of the Supreme Court.
Two, when was such a petition lodged? Three, has the petition concerning Justice Yonny Kulendi been forwarded to the Chief Justice for a prima facie determination per Article 146(3) of the Constitution?
Four, if the petition has been forwarded, when was it forwarded?”
Mr Owusu Asare further reminded the Office of the President of its legal obligation under Section 23 of Act 989, which requires public institutions to respond to RTI requests within fourteen days of receipt. “However, given that this matter is of utmost public interest, I shall be grateful if the requested information is offered as soon as practicable,” he added.
He also provided his contact details for correspondence, noting that communications and notices regarding the request may be sent to his email address, finestversion@gmail.com.
“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 letter concluded.
Mr Owusu Asare, who holds a Bachelor of Arts degree, Bachelor of Laws (LLB), Qualifying Certificate in Law (QCL), and a Master of Laws (LLM) in Financial Markets Law and Regulation, emphasized that the purpose of his request was not only to confirm or deny the existence of such a petition but to promote constitutional transparency and uphold the principles of judicial independence.
The Presidency is expected to respond by 21 October 2025 in accordance with the timelines set out in the Right to Information Act.
Background
A private citizen, Daniel Marfo Ofori-Atta, on 2 October 2025, petitioned President John Mahama for the removal of Justice Yonny Kulendi as a Supreme Court judge.
His petition was submitted to the President after he filed a similar petition with the Criminal Investigations Department (CID) of the Ghana Police Service, seeking an investigation into Justice Kulendi and his cousin, Richard Jakpa, over alleged attempts to interfere with the administration of justice.
“The petition that I have filed at the CID headquarters is not the only petition that I have filed. I have also invoked the necessary and relevant provisions of the Ghanaian Constitution.
I have petitioned the president for the removal of Justice Yonny Kulendi as justice of the Supreme Court of Ghana,” he said in an interview.
The petition stems from the high-profile trial in the case Republic v. Cassiel Ato Forson & 2 others, in which Jakpa, who currently serves as Director of Operations at the National Security Council, was the third accused.
Ofori-Atta is claiming that Justice Yonny Kulendi attempted to obstruct justice in a manner that sinned against the code of conduct expected of a Supreme Court Justice.
His actions, according to Marfo Ofori-Atta, constitute stated misbehaviour rendering Justice Kulendi unfit to occupy the high office of a Justice of the Supreme Court of Ghana.
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This new petition sets the stage for another clash between the Executive arm of the State and the judiciary, following the President’s removal of CJ Getrude Torkornoo last month.
President John Dramani Mahama, pursuant to Article 146(4) of the 1992 Constitution, is required to forward the petition to the Chief Justice of the Republic.
Should the Chief Justice establish a prima facie case, he or she must constitute a five-member committee to probe the issue and submit a report to the Chief Justice.
The Chief Justice, upon receiving the report, must forward it to the President, who must act on the Committee’s recommendations.
Justice Emmanuel Yonny Kulendi, together with Professor, Mrs. Henrietta J.A.N. Mensa-Bonsu, were sworn into office as Justices of the Supreme Court by the President, Nana Addo Dankwa Akufo-Addo, on 26 May 2020.
Their appointment to the Apex Court followed their successful vetting by Parliament’s Appointments Committee on May 11 and 12, and subsequent approval by the Legislature on May 20, 2020.
Justice Yonny Kulendi has stated in the past that he believes he was conscripted to serve as a Justice of the Supreme Court, as he never planned to be a judge from the start of his career as a lawyer.
Justice Kulendi made this assertion at the law faculty of the Ghana Institute of Management and Public Administration (GIMPA) during a programme with law
