President Mahama Engages Council of State Over Petitions to Remove Chief Justice

President John Mahama has officially begun consultations with the Council of State following the submission of three petitions seeking the removal of Chief Justice Gertrude Sackey Torkornoo.

According to a statement from the Minister for Government Communications, Felix Kwakye Ofosu, these petitions have been forwarded to the Council of State in line with the constitutional procedures outlined in Article 146 of the 1992 Constitution of Ghana.

Although the details of the petitions remain undisclosed, this development marks a significant moment in Ghana’s judicial system. The Council of State will now review the petitions and advise the President on the appropriate course of action, as mandated by the constitution.

Earlier this year, a similar petition calling for the removal of Chief Justice Torkornoo was dismissed by former President Nana Akufo-Addo. That petition, filed by legal scholar Prof. Stephen Kwaku Asare, was reviewed by the Council of State, which determined that it lacked merit and did not establish a prima facie case for further investigation.

The previous petition alleged misconduct and incompetence on the part of the Chief Justice, raising concerns about judicial panel reconstitution, the issuance of practice directions, and constitutional breaches. However, after thorough examination, these claims were found insufficient to warrant her removal.

The removal of a Chief Justice in Ghana is governed by Article 146 of the constitution, which outlines the legal framework for such proceedings. As the Council of State assesses the latest petitions, the nation awaits further developments that could have significant implications for the leadership of Ghana’s judiciary. President John Mahama has officially begun consultations with the Council of State following the submission of three petitions seeking the removal of Chief Justice Gertrude Sackey Torkornoo.

According to a statement from the Minister for Government Communications, Felix Kwakye Ofosu, these petitions have been forwarded to the Council of State in line with the constitutional procedures outlined in Article 146 of the 1992 Constitution of Ghana.

Article 146 – Removal Of Justices Of Superior Courts And Chairmen Of Regional Tribunals

1. A Justice of the Superior Court or a Chairman of a Regional Tribunal shall not be removed from office except for stated misbehaviour or incompetence or on ground of inability to perform the functions of his office arising from infirmity of Body or mind.
2. A Justice of the Superior Court of Judicature or a Chairman of a Regional Tribunal may only be removed in accordance with the procedure specified in this article.
3. If the President receives a petition for the removal of a Justice of a Superior Court other than the Chief Justice or for the removal of the Chairman of a Regional Tribunal, he shall refer the petition to the Chief Justice, who shall determine whether there is a prima facie case.
4. Where the Chief Justice decides that there is a prima facie case, he shall set up a committee consisting of three Justices of the Superior Courts or Chairmen of the Regional Tribunals or both, appointed by the Judicial Council and two other persons who are not members of the Council of State, nor members of Parliament, nor lawyers, and who shall be appointed by the Chief Justice on the advice of the Council of State.
5. The committee appointed under clause (4) of this article shall investigate the complaint and shall make its recommendations to the Chief Justice who shall forward them to the President.
6. Where the petition is for the removal of the Chief Justice, the President shall, acting in consultation with the Council of State, appoint a committee consisting of two Justices of the Supreme Court, one of whom shall be appointed chairman by the President, and three other persons who are not members of the Council of State, nor members of Parliament, nor lawyers.
7. The committee appointed under clause (6) of this article shall inquire into the petition and recommend to the President whether the Chief Justice ought to be removed from office.
8. All proceedings under this article shall be held in camera, and the Justice or Chairman against whom the petition is made is entitled to be heard in his defence by himself or by a lawyer or other expert of his choice.
9. The President shall, in each case, act in accordance with the recommendations of the committee.
10. Where a petition has been referred to a committee under this article, the President may- (a) in the case of the Chief Justice, acting in accordance with the advice of the Council of State, by warrant signed by him, suspend the Chief Justice; (b) in the case of any other Justice of a Superior Court or of a Chairman of a Regional Tribunal, acting in accordance with the advice of the Judicial Council, suspend that Justice or that Chairman of a Regional Tribunal.
11. The President may, at any time, revoke a suspension under this article.

Although the details of the petitions remain undisclosed, this development marks a significant moment in Ghana’s judicial system. The Council of State will now review the petitions and advise the President on the appropriate course of action, as mandated by the constitution.

Earlier this year, a similar petition calling for the removal of Chief Justice Torkornoo was dismissed by former President Nana Akufo-Addo. That petition, filed by legal scholar Prof. Stephen Kwaku Asare, was reviewed by the Council of State, which determined that it lacked merit and did not establish a prima facie case for further investigation.

The previous petition alleged misconduct and incompetence on the part of the Chief Justice, raising concerns about judicial panel reconstitution, the issuance of practice directions, and constitutional breaches. However, after thorough examination, these claims were found insufficient to warrant her removal.

The removal of a Chief Justice in Ghana is governed by Article 146 of the constitution, which outlines the legal framework for such proceedings. As the Council of State assesses the latest petitions, the nation awaits further developments that could have significant implications for the leadership of Ghana’s judiciary.