Mahama Receives 2 More Petitions for Chief Justice Gertrude Torkornoo’s Removal

• The Office of the President has received more petitions for the removal of Chief Justice Gertrude Torkornoo
• In March, President John Mahama started consultations with the Council of State on three previous petitions
• Torkornoo is currently on suspension after Mahana determined that there was a substantial case against her

The Ghanaian Presidency has received two new petitions seeking the removal of Chief Justice Gertrude Torkornoo.

The persons behind these latest petitions remain unknown, like the earlier three petitions currently being considered.

Citi News reported that sources close to the matter said that the current petitions cited allegations of misconduct and abuse of power.

This escalation follows President John Mahama's suspension of Torkonoo after the allegations against her were found to have substance.

The suspension marked a first in Ghana's history and a committee has been established to investigate the claims against the Chief Justice.

Chief justices in Ghana enjoy security of tenure and can only be removed from office on grounds of stated misbehaviour, incompetence, or incapacity due to infirmity.

However, Article 146 of the 1992 Constitution of Ghana governs the removal of a chief justice.

Copies of the three petitions against Torkornoo were not initially made available to her. This has been described as a violation of her right to a fair hearing.

In a letter addressed to the President, the suspended Chief Justice requested copies of the petitions and asked for at least seven days to respond, in line with the requirements of due process and fairness.

Court case challenging process against Torkornoo

The concerns over fariness are the subject of a lawsuit at the Supreme Court after action by Old Tafo MP Vincent Ekow Assafuah.

He is challenging the legality of the president initiating the removal process without first notifying the Chief Justice.

The MP believes the president was required to notify Torkornoo and obtain her comments before referring a removal petition to the Council of State.

The case is set to be heard on May 6 this year.

In comments to YEN.com.gh, a lawyer and the founding partner of Clinton Consultancy, Amanda Clinton, noted that at the core of this legal debate is the failure to offer the Chief Justice an opportunity to respond to the petition before the matter was referred to the Council of State.

"This procedural omission is not trivial—it strikes at the heart of natural justice. The Supreme Court has been clear in Agyei-Twum v Attorney-General & Akwetey (2005-2006) SCGLR 732 that any judge who is the subject of a removal petition must be afforded the right to respond before any further steps are taken. Failure to do so renders the entire process legally defective and susceptible to being quashed."

Chief Justice Torkornoo's suspension causes controversy

Deputy Attorney General and Minister for Justice, Dr Justice Srem-Sai, defended the suspension, saying no constitutional provision prohibits the president from taking action while a matter is pending before the Supreme Court.

Meanwhile, a lawyer and the Former MP for Akim Abuakwa South, Samuel Atta Akyea, described the suspension of Torkornoo as unfortunate and potentially illegal.

The Executive Director of the Ghana Centre for Democratic Development (CDD-Ghana), Professor H. Kwasi Prempeh, has also raised concerns about the apparent lack of transparency.

“The public must not be kept in the dark as to why a removal petition failed or succeeded."

Mahama petitioned to remove Jean Mensa

YEN.com.gh also reported that the President was petitioned to sack Jean Mensa as the Electoral Commission chairperson.

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 Constitution.

Proofreading by Bruce Douglas, copy editor at YEN.com.gh.

Source: YEN.com.gh