Mahama Gives Chief Justice Torkonoo 10 Days To Respond To Petitions For Her Removal

• President John Mahama has given Chief Justice Gertrude Torkonoo 10 days to respond to the petitions calling for her removal from office
• Mahama has received three petitions calling for the removal of Torkornoo since he became president
• Mahama has started consultations with the Council of State over the petitions calling for the removal of the Chief Justice

President John Mahama has given Chief Justice Gertrude Torkonoo 10 days to submit a preliminary response to three petitions calling for her removal from office.

This follows a formal request by Torkonoo for copies of the petitions filed against her seeking her removal from office.

In a letter to the Chief Justice, the presidency expressed disappointment over the circulation of her request for copies of the three petitions filed against her.

“The letter was reportedly shared as an attachment to another letter you wrote to the President of the Supreme Court, the President of the Association of Magistrates and Judges and the President of the Ghana Bar Association (GBA).”

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Mahama has already initiated consultations with the Council of State following the petitions calling for the removal of Torkornoo.

The consultations with the Council of State align with Article 146 of the Constitution.

The Council of State is expected to review the petitions and advise the president on the appropriate course of action.

Chief justice writes to Mahama

Torkonoo stressed the importance of due process and asked to be provided with the petitions to enable her to respond appropriately.

She noted that her response could be part of the consultation of the council of state.

“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.

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Process for the removal of a chief justice

The removal of a chief justice is governed by Article 146 of the 1992 Constitution.

Per the article, a Justice of the Superior Court can only be removed for stated misbehaviour, incompetence, or incapacity due to infirmity.

To remove a justice, the president must 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.

Before Mahama took office in January, President Nana Akufo-Addo dismissed a similar petition against Torkonoo filed by Stephen Kwaku Asare.

Mahama petitioned to remove Jean Mensa

YEN.com.gh reported that Mahama was petitioned to sack the Electoral Commission Chairperson, Jean Mensa.

The petition from a resident of the Volta Region also called for the removal of Dr Bossman Eric Asare and Samuel Tetteh.

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The petition filed on January 27, 2025, cited a breach of fundamental human rights under Article 42 of the 1992 Constitution.

Source: YEN.com.gh