President Nana Akufo-Addo has received a petition demanding the removal of Chief Justice Gertrude Torkonoo from her position. Filed on December 17, 2024, by a Ghanaian citizen, the petition levels allegations of misconduct and incompetence against the Chief Justice.
The petitioner, Prof. Stephen Kwaku Asare, a citizen of Ghana, claims that Justice Torkonoo has committed both constitutional and administrative breaches, jeopardizing the credibility and integrity of Ghana’s judicial system. The petition argues that her removal is essential to restoring public trust in the judiciary.
Article 146 of the Ghanaian Constitution outlines the procedure for removing a Chief Justice. According to this article:
- A Justice of the Superior Court can only be removed due to proven misbehavior, incompetence, or inability to fulfill their duties because of physical or mental incapacity.
- Removal proceedings must strictly adhere to the process outlined in Article 146.
- In the case of the Chief Justice, the President, in consultation with the Council of State, appoints a committee to investigate the petition.
- This committee comprises two Supreme Court Justices (one appointed as chair by the President) and three other individuals who are not members of the Council of State, Parliament, or lawyers.
- The committee investigates the petition and recommends to the President whether the Chief Justice should be removed.
- The President is obligated to act upon the committee’s recommendations.
- During the investigation, the President, acting on the advice of the Council of State, may suspend the Chief Justice.
The petition against Chief Justice Torkonoo will likely trigger this constitutional process, leading to a thorough investigation of the allegations. The outcome will significantly impact the future of Ghana’s judiciary.
Click here to read the full petition against the Chief Justice
