Chief Justice Gertrude Torkornoo is at the center of a developing legal and constitutional matter following the submission of three petitions to President John Dramani Mahama seeking her removal from office.
President Mahama has initiated consultations with the Council of State regarding these petitions, in line with Article 146 of the 1992 Constitution. The specific grounds for the petitions have not been disclosed.
In response to these developments, Chief Justice Torkornoo has requested copies of the petitions from the President to enable her to respond accordingly.
In a letter dated Thursday, March 27, she respectfully asked the President and the Council of State to forward the petitions to her and grant her at least seven days to provide a response.
She stated that this response could then be considered during the consultations before any potential Committee of Inquiry is established under Article 146(7).
Adding another layer to the situation, Vincent Assafuah, the New Patriotic Party Member of Parliament for Old Tafo, has filed a lawsuit at the Supreme Court.
Represented by former Attorney-General Godfred Dame, Mr. Assafuah is questioning the procedure being used to handle the petitions.
Mr. Assafuah argues that a Chief Justice should be informed of the petitions and given an opportunity to respond before the President consults with the Council of State.
He has invoked the original jurisdiction of the Supreme Court under Article 2(1)(b) of the 1992 Constitution and is seeking several declarations.
The reliefs sought by the plaintiff include declarations that:
- The President must notify the Chief Justice and obtain their comments before referring a removal petition to the Council of State, according to several articles of the Constitution.
- Failure to notify the Chief Justice before consulting the Council of State violates Article 146(6) and undermines the constitutional protection of the Chief Justice’s tenure.
- Any omission in this process constitutes unjustified interference with the independence of the judiciary.
- The President’s failure to obtain the Chief Justice’s comments before starting the removal process violates the right to a fair hearing, rendering the consultation process null and void.
The Supreme Court has scheduled a hearing for this injunction application on April 2, 2025. This hearing will address the NPP MP’s challenge to the process initiated by the President.
The unfolding events mark a significant moment in Ghana’s judiciary, as this is the first step in a constitutional procedure that could lead to substantial changes.
The Council of State will play a crucial role in reviewing the petitions and advising the President on the next steps.
Chief Justice Torkornoo has emphasized her need for a fair opportunity to respond to the allegations before further action is taken.
