Accra: Chief Justice Gertrude Sackey Torkornoo has sought copies of petitions filed against her in order to prepare her response before consultations between the President and the Council of State under Article 146 (6). This request aims to allow her at least seven days to respond, which she believes is crucial for the consultations and any potential formation of a Committee of Inquiry under Article 146 (7).
According to Ghana News Agency, in a letter addressed to the President and the Chairman of the Council of State, Chief Justice Torkornoo emphasized the necessity of informing a defendant of charges and providing an opportunity to respond before any decisions affecting their rights. She referenced the audi alteram partem rule of natural justice and fundamental rights under Articles 19, 23, and 296 of the 1992 Constitution to support her request.
Chief Justice Torkornoo noted that as of March 27, 2025, she had not received the three petitions mentioned in the March 25, 2025, communication, nor had she been given a chance to respond. Drawing from her experience with petitions for the removal of Superior Court Judges, she highlighted the importance of combining evidence from the petition and the Judge's response to assess if a prima facie case exists, in line with Article 146 (3).
She further articulated that in her situation, the petition and her response would serve as the basis for the consultations between the President and Council of State under Article 146 (6), determining the need for a Committee of Inquiry under Article 146 (7). Chief Justice Torkornoo reiterated the importance of this combined evidence in deciding whether a prima facie case is present, citing the Supreme Court's directive in Agyei-Twum v Attorney-General and Akwettey [2005-2006] SCGLR 732 as a precedent for this judicial process.
