Chief Justice Torkornoo: Mahama Takes Action On Petitions Calling For Removal Of Head Of Judiciary
- President John Mahama has started consultations with the Council of State after three petitions calling for the removal of Chief Justice Gertrude Sackey Torkornoo
- In a statement, the presidency announced Mahama's decision to consult the Council of State
- President Nana Akufo-Addo dismissed a similar petition seeking the removal of Torkornoo before leaving office in January
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President John Mahama has initiated consultations with the Council of State following three petitions calling for the removal of Chief Justice Gertrude Sackey Torkornoo.
The consultations with the Council of State align with Article 146 of the Constitution.
Source: Getty Images
A statement from the presidency confirmed Mahama's action on the petition.
The details of the petitions have not been made public. The Council of State is expected to review the petitions and advise the president on the appropriate course of action, as stipulated in Article 146.
Before Mahama took office in January, President Nana Akufo-Addo dismissed a similar petition against Chief Justice Torkonoo filed by Stephen Kwaku Asare, citing a lack of merit.
That petition accused the Chief Justice of misconduct and incompetence, specifically alleging irregularities in panel reconstitution, the issuance of practice directions, and constitutional breaches.
However, after consulting the Council of State, the former president ruled that the claims failed to establish a prima facie case warranting further investigation.
In 2021, a petition from the Alliance for Social Equity and Public Accountability seeking the removal of then-Chief Justice Kwasi Anin Yeboah was dismissed after Akufo-Addo consulted the Council of State to determine whether a prima facie case had been established.
Chief justice writes to Mahama
Torkonoo has since formally written to Mahama, requesting copies of petitions filed against her that seek her removal from office.
In her letter, Torkonoo stressed the importance of due process and asked to be provided with the petitions to enable her to respond appropriately.
“I am by this letter humbly and respectfully asking His Excellency the President and eminent members of the Council of State to forward the petitions against me to me and allow me at least seven days after receipt of the same to provide my response to you, which response can then form part of the materials that you conduct the consultation anticipated under 146(6), before the possible setting up of a Committee of Inquiry under article 146(7),” part of the letter stated.
Some observers are wary of the potential removal of the chief justice. The Manhyia South Member of Parliament, Nana Agyei Baffour Awuah, for example, cautioned against the potential dangers of removing the Chief Justice without substantial grounds.
“If today we are not careful and we allow the Chief Justice to be removed unless there is serious basis for it, tomorrow someone else will do it."
Process for the removal of a chief justice
The removal of a chief justice is governed by Article 146 of the 1992 Constitution, which stipulates that a Justice of the Superior Court can only be removed for stated misbehaviour, incompetence, or incapacity due to infirmity.
The law requires that when such a petition is received, the president must act in consultation with the Council of State to appoint a committee to investigate the allegations.
This committee must include two Justices of the Supreme Court, one of whom serves as chairman, as well as three other individuals who are not members of Parliament, the Council of State, or the legal profession.
Source: UGC
The committee is mandated to investigate the allegations and make recommendations to the president.
If a petition is referred to a committee, the president may also suspend the chief justice upon the advice of the Council of State.
Mahama swears in Council of State
YEN.com.gh reported that Mahama swore in the Council of State on February 18.
The 31-member council is being chaired by former legislator and former Speaker of Parliament Edward Doe Adjaho.
The Council of State consists of one person who has previously held the office of Chief Justice, one person who has previously held the office of Chief of Defence Staff of the Armed Forces of Ghana, one person who has previously held the office of Inspector-General of Police, the President of the National House of Chiefs, one representative from each region of Ghana, and eleven other members appointed by the president.
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Proofreading by Edwina N.K Quarcoo, copy editor at YEN.com.gh.
Source: YEN.com.gh
Delali Adogla-Bessa (Head of Current Affairs and Politics Desk) Delali Adogla-Bessa is a Current Affairs Editor with YEN.com.gh. Delali previously worked as a freelance journalist in Ghana and has over seven years of experience in media, primarily with Citi FM, Equal Times, Ubuntu Times. Delali also volunteers with the Ghana Institute of Language Literacy and Bible Translation, where he documents efforts to preserve local languages. He graduated from the University of Ghana in 2014 with a BA in Information Studies. Email: delali.adogla-bessa@yen.com.gh.
Edwina N.K Quarcoo (Copy Editor) Edwina N.K Quarcoo is a copy editor at YEN.com.gh with over 7 years of experience as a copy editor/proofreader. She graduated from UniMAC-GIJ with a diploma in Communications Studies and is currently pursuing a bachelor's degree in Public Relations with Marketing at the same university. Edwina previously served as a media monitor at IOM-Ghana and an assistant radio producer at Hechtech Audio Productions. You can contact her at edwina.quarcoo@yen.com.gh.
