Chief Justice Torkornoo Responds To Mahama Over Removal Petitions Ahead Of Supreme Court Case
- Chief Justice Gertrude Torkornoo has formally responded to the petitions seeking her removal from office
- In March, President John Mahama started consultations with the Council of State following three petitions
- The Supreme Court is set to hear a suit challenging the president's initiation of the removal process on April 8
Chief Justice Gertrude Torkornoo has submitted her preliminary response to President John Mahama following petitions seeking her removal from office.
Her response is expected to be considered as part of the consultation process with the Council of State under Article 146(6) of the 1992 Constitution of Ghana.

Source: UGC
She had been granted a 10-day window to send her response, which elapsed on Monday, April 7. On March 26, Mahama initiated consultations with the Council of State following three petitions calling for the removal of the Chief Justice.
Gertrude Torkornoo, in a letter addressed to the President last week, had requested copies of the petitions and asked for at least seven days to respond, in line with the requirements of due process and fairness.
Before Mahama took office, President Nana Akufo-Addo had dismissed a similar petition against 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, among others.
Court case challenging Torkornoo's potential removal
On April 9, the Supreme Court is set to hear a suit filed by Old Tafo MP Vincent Ekow Assafuah, challenging the legality of the president initiating the removal process without first notifying the Chief Justice.
Assafuah, represented by former Attorney-General Godfred Yeboah Dame, wants an interpretation of constitutional provisions governing the removal of a Chief Justice.
He believes the President is required to notify the Chief Justice and obtain her comments before referring a removal petition to the Council of State. Mahama notably started considering the petitions before getting a response.
Assafuah contended that the failure to notify the Chief Justice before initiating consultations with the Council of State violated the law.
In comments to YEN.com.gh, Amanda Clinton, a lawyer and legal analyst, said a lot was at stake in this legal saga.
"It's a big deal because it will set a precedent that any new president that comes in and feels as if, in their opinion, the last chief justice was quite partisan... could use this precedent to remove any chief justice."
She also noted that it is a massive deal because of the implications for the separation of powers.
Chief Justice Torkonoo letter to Mahama Mahama
In an earlier response to the presidency, Torkonoo argued for due process and asked to be provided with the petitions to help her eventual response.
She explained 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)."
Process for the removal of Chief Justice
Article 146 of the 1992 Constitution governs the removal of a chief justice.
It notes that a Justice of the Superior Court can only be removed for stated misbehaviour, incompetence, or incapacity due to infirmity.
It also indicates the president must act in consultation with the Council of State to appoint a committee to investigate claims made in a petition.

Source: Getty Images
This committee assessing the petition includes two Justices of the Supreme Court, and three others who are not legislators, members of the Council of State, or the legal profession.
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 petitioned to remove Jean Mensa
YEN.com.gh also 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.
The petition filed on January 27, 2025, cited a breach of fundamental human rights under Article 42 of the 1992 Constitution.
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Proofreading by Bruce Douglas, copy editor at YEN.com.gh.
Source: YEN.com.gh