Chief Justice Under Fire: President Mahama Reviews Petitions

Chief Justice Gertrude Araba Esaaba Sackey Torkonoo’s tenure is under threat as President John Mahama considers three petitions calling for her removal.

The President has initiated consultations with the Council of State, as stipulated in Article 146 of the 1992 Constitution, which outlines the procedure for removing a Chief Justice.

The petitions, submitted by various individuals, were forwarded to the Council of State for examination and advice on the next steps. The Council’s recommendations will guide the President’s decision on whether to proceed with the removal process.

This development marks a significant departure from the approach taken by former President Nana Addo Dankwa Akufo-Addo, who dismissed a similar petition filed by Professor Stephen Kwaku Asare in January this year. The petition alleged misconduct and incompetence on the part of Chief Justice Torkonoo, citing panel reconstitution, issuance of practice directions, and constitutional breaches.

However, the presidency at the time found the petition to be without merit, stating that it lacked supporting evidence and was prematurely circulated in the public domain, contravening Article 146(8) of the Constitution.

The current petitions against Chief Justice Torkonoo have not been made public, and the specific allegations against her remain undisclosed. Nevertheless, the referral to the Council of State indicates that President Mahama is taking the petitions seriously and is committed to following the constitutional process.

The Constitutional Process

Article 146 of the 1992 Constitution outlines the procedure for removing a Chief Justice from office. The process involves the following steps:

Petition submission: A petition is submitted to the President, alleging stated misbehaviour or incompetence on the part of the Chief Justice.
Referral to the Council of State: The President refers the petition to the Council of State for examination and advice.
Investigation: The Council of State may conduct an investigation into the allegations made against the Chief Justice.
Recommendations: The Council of State submits its recommendations to the President, who then decides whether to proceed with the removal process.

Implications and Next Steps

The outcome of the Council of State’s examination and advice will determine the next steps in the process. If the Council recommends that the Chief Justice be removed, the President may initiate impeachment proceedings.

The implications of this development are significant, as it could lead to a change in the leadership of the judiciary. Chief Justice Torkonoo has been a prominent figure in Ghana’s judicial system, serving as a Justice of the Supreme Court before her appointment as Chief Justice in June 2023.

As the process unfolds, Ghanaians will be watching closely to see how the situation develops. The transparency and accountability that this process embodies are essential for maintaining public trust in the judiciary and upholding the principles of good governance.