Accra: Chief Justice Gertrude Sackey Torkornoo has requested copies of the three petitions seeking her removal from office from President John Dramani Mahama.
According to Ghana News Agency, the Chief Justice, in a letter addressed to the President and copied to Mr. Edward Korbly Doe Adjaho, the Chairman of the Council of State, highlighted that a communication from the Presidency was circulated on social media on the night of Tuesday, 25th March 2025. The communication announced that the President had received three petitions for her removal as Chief Justice of the Republic of Ghana, pursuant to Article 146 of the 1992 Constitution.
The communication further stated that the President had forwarded the three petitions to the Council of State to commence the consultation process mandated by Article 146 (6) of the 1992 Constitution. The Chief Justice emphasized the importance of the fundamental precept of the common law and constitutional dispensation, which ingrains into the justice delivery process that no consideration affecting the defendant's rights can be made without giving notice of the charge and an opportunity to respond.
She further stated that no defendant could be subjected to a trial without adhering to the preliminary process of receiving their response. This process is part of the age-old audi alteram partem rule of natural justice and the fundamental rights of citizens under Article 19, Article 23, and Article 296 of the 1992 Constitution, as well as all decisions in Ghana's jurisprudence.
Up to the date of 27th March 2025, Chief Justice Torkornoo had not been shown the three petitions mentioned in the communication of 25th March 2025 or given an opportunity to respond. This material was expected to form the basis for consultations between the Council of State and the President under Article 146 (6) to determine whether there was a need to set up the Committee of Inquiry described in Article 146 (6) and 146 (7) for trial of any issues raised.
The Chief Justice noted that when a petition for removal of a Superior Court Judge under Article 146 (1) is forwarded to the Chief Justice, the first requirement of due process is for the Chief Justice to bring the petition to the attention of the accused Judge and obtain their response. This is a right afforded to every citizen in justice delivery, as provided for in the Article 146 procedures.
In her tenure, Chief Justice Torkornoo has handled five such petitions for the removal of superior court Judges. She has heard from them before determining whether a prima facie case has been made against them to merit the setting up of the investigative committee provided for under Article 146 (4). It is the combination of the evidence in the petition and the Judge's response that guides the Chief Justice to determine, as a sole enquirer under Article 146 (3), whether a prima facie case has been established to merit setting up the investigative committee of three Justices and two eminent citizens to conduct a hearing of the complaint.
The Chief Justice respectfully submitted that, in her case, the combination of the evidence in the petition and her response provides the material for consultation between the President and the Council of State under Article 146 (6). These sources guide whether a prima facie case has been established, such that a Committee of Inquiry should be set up under Article 146 (7) to inquire whether the Chief Justice may be removed from office.
This direction follows the Supreme Court's case of Agyei-Twum v Attorney-General and Akwettey [2005-2006] SCGLR 732. In her letter, Chief Justice Torkornoo humbly and respectfully asked the President and the Council of State to forward the petitions against her and allow her at least seven days after receipt to provide her response, which can then form part of the material for the consultations anticipated under 146 (6), before possibly setting up a Committee of Inquiry under article 146 (7).
