Chief Justice requests copies of petitions seeking her removal

The Chief Justice of Ghana, Justice Gertrude Araba Esaaba Sackey Torkornoo, has formally requested copies of the petitions submitted to President John Dramani Mahama seeking her removal from office.

In a letter addressed to the President and the Council of State, the Chief Justice expressed concern over the lack of due process, emphasizing that she has not been given access to the allegations against her or the opportunity to respond.

She cited constitutional provisions and legal precedents that require an accused person to be informed of charges against them before any further action is taken.

Justice Torkornoo noted that a statement from the Presidency, circulated on social media on March 25, 2025, confirmed that three petitions had been received and forwarded to the Council of State for consultation under Article 146(6) of the 1992 Constitution.

However, as of March 27, she had not received copies of the petitions.

She stressed that in previous cases involving the removal of judges, the standard procedure has been to allow the accused judge to respond before determining whether a prima facie case exists.

She argued that the same principle should apply to the process regarding the Chief Justice.

Citing the Supreme Court case of Agyei-Twum v Attorney-General and Akwettey [2005-2006] SCGLR 732, she maintained that both the evidence in the petitions and her response should guide the consultations between the President and the Council of State before any decision is made on forming an investigative committee.

Justice Torkornoo has, therefore, urged the President and the Council of State to furnish her with copies of the petitions and grant her at least seven days to respond before concluding their consultations.

Her request raises significant constitutional and legal questions about the fairness and transparency of the ongoing process. Observers and legal experts are closely watching how the Presidency and the Council of State will handle her appeal.

Source: Classfmonline.com