Information reaching The Daily Gist indicates that President John Dramani Mahama is on the verge of asking Chief Justice Gertrude Araba Sackey Torkornoo to step aside following the submission of multiple petitions calling for her removal.
This decision, which marks a crucial moment in Ghana’s legal and political landscape, follows the filing of three separate petitions allegedly sponsored by the ruling government accusing the Chief Justice of misconduct and incompetence.
The NDC is determined the to show the Chief Justice the exit and appoint a northerner as the next head of the judiciary.
In compliance with Ghana’s 1992 Constitution, President Mahama has referred these petitions to the Council of State for review, triggering a formal investigation into the claims.
CJ Demands Copies Of Petitions
At press time yesterday, Chief Justice Gertrude Araba Esaaba Sackey Torkornoo wrote a formal letter to President Mahama and key legal bodies requesting copies of the three petitions seeking her removal from office.
The petitions, which have sparked significant political and legal discussions, were submitted to the President, triggering the consultation process required by the 1992 Constitution of Ghana.
The Chief Justice is requesting these documents to ensure that she has the opportunity to respond to the charges before any further actions are taken.
In the letter, dated March 27, 2025, Justice Torkornoo expressed concern that, despite the President’s announcement of receiving the petitions and forwarding them to the Council of State, she had not yet been provided with the contents of the documents.
The Chief Justice emphasized the fundamental legal principle of due process, which mandates that no decision impacting a person’s rights should be made without informing them of the charges and allowing them to respond.
This aligns with the “audi alteram partem” rule of natural justice, which is enshrined in Ghana’s Constitution and the broader framework of common law.
Constitutional Process
The petitions were officially submitted to President Mahama under Article 146 of the 1992 Constitution, which outlines the procedures for the removal of a Chief Justice.
This provision mandates that when a petition for the removal of a superior court judge is received, the President must consult with the Council of State. If the Council determines that the petitions merit further investigation, a committee of inquiry will be established.
However, Justice Torkornoo insists that before this committee is set up, she must be given the opportunity to review the petitions against her.
The Chief Justice emphasized that during her tenure, she has handled several similar petitions for the removal of other judges, ensuring that all due processes were followed.
Transparency and Due Process
In her letter, the Chief Justice stated that she had not received the three petitions as of March 27, 2025, and was therefore unable to respond to the allegations contained within them.
The Chief Justice’s demand for the petitions underscores the importance of transparency and fairness in the judicial process.
In the absence of her response, she argued, the consultation process between the President and the Council of State would be incomplete, as the absence of the Chief Justice’s input would undermine the fundamental principles of justice and fairness.
Legal Challenges
This is not the first instance that Chief Justice Torkornoo has faced calls for her removal.
Late last year, a petition filed by Professor Stephen Kwaku Asare accused her of several infractions, including irregularities in panel reconstitution, issuing controversial practice directions, and breaching constitutional provisions.
However, former President Nana Akufo-Addo dismissed that petition, stating that it lacked merit and failed to establish a prima facie case for further investigation.
Despite the previous dismissal, the latest petitions have reignited the controversy, putting the judiciary under intense scrutiny.
While the full details of the new petitions have not been disclosed, the fact that they have reached the level of the President and the Council of State highlights the gravity of the allegations.
Potential Suspension
According to Article 146, once the President receives such petitions, the next step involves consulting the Council of State, which then has the task of reviewing the allegations and advising the President on how to proceed.
If the Council finds the petitions worthy of investigation, a special committee will be appointed.
This committee will consist of two Supreme Court Justices, one of whom will serve as the chair, and three additional members who are not affiliated with Parliament, the Council of State, or the legal profession.
If the investigation proceeds, the committee will make recommendations to the President on whether the Chief Justice should be removed.
Furthermore, the President, acting on the advice of the Council of State, may suspend the Chief Justice pending the investigation’s outcome.
The referral of the petitions to the Council of State marks the start of a formal and potentially protracted process that could result in significant consequences for Chief Justice Torkornoo and Ghana’s judiciary as a whole.
