President John Dramani Mahama has forwarded three petitions seeking the removal of Chief Justice Gertrude Sackey Torkornoo to the Council of State for consultation.
This action aligns with the procedures outlined in the 1992 Constitution regarding the removal of justices from the superior courts.
A statement from the Presidency Communications Office, signed by Felix Kwakye Ofosu, MP, confirmed the development, stating that the petitions had been received from different individuals and had now been sent to the Council of State for consultation.
Background of the Petitions
On December 17, 2024, Professor Stephen Kwaku Asare, a Fellow at the Centre for Democratic Development Ghana (CDD-Ghana), petitioned President Nana Addo Dankwa Akufo-Addo to remove Chief Justice Torkornoo from office.
Prof. Asare accused the Chief Justice of misconduct and incompetence, alleging that she unilaterally requested the appointment of five Court of Appeal judges to the Supreme Court without consulting the Judicial Council, as required by Article 144(2) of the 1992 Constitution. He argued that this action constituted an abuse of office and warranted her removal.
In January 2025, a private legal practitioner submitted a petition alleging favoritism and abuse of office by the Chief Justice in the assignment of high-profile cases.
The petitioner claimed that certain cases were deliberately assigned to judges perceived to be politically aligned with specific groups, thereby undermining judicial independence and public trust in the judiciary.
In February 2025, a coalition of civil society organizations filed a petition expressing concern over delays in the justice system under the Chief Justice’s leadership.
They asserted that there had been an increase in delayed rulings, particularly in cases involving corruption and governance issues, which they argued violated fair trial rights and eroded public confidence in the judiciary.
Constitutional Procedure for Removal
According to Article 146 of the 1992 Constitution, a Justice of the Superior Court or a Chairman of a Regional Tribunal can only be removed from office for stated misbehavior, incompetence, or inability to perform their functions due to infirmity of body or mind.
The process begins when the President receives a petition for removal and refers it to the Council of State for consultation. If the Council advises that there is a prima facie case, the President, in consultation with the Council of State, appoints a committee to investigate the petition and recommend whether the Chief Justice should be removed from office.
Source: www.kumasimail.com
