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Chief Justice Torkornoo Requests Access to Petitions for Her Removal
Chief Justice Gertrude Sackey Torkornoo has formally requested copies of the petitions submitted to President John Dramani Mahama, which seek her removal from office.
In a letter addressed to the president on Thursday, March 27, Chief Justice Torkornoo asked for access to the documents to enable her to respond appropriately to the allegations against her. Her request comes on the heels of President Mahama’s decision to consult the Council of State, following the submission of three petitions calling for her removal.
The petitions, whose specific grounds remain undisclosed, mark the beginning of a constitutional procedure outlined in Article 146 of the 1992 Constitution. This process could potentially lead to an investigation by a committee of inquiry if a prima facie case is established.
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Chief Justice Torkornoo’s request coincides with a separate legal challenge filed by Vincent Assafuah, Member of Parliament for Old Tafo and a member of the opposition New Patriotic Party (NPP). In his lawsuit at the Supreme Court, Assafuah, represented by former Attorney-General Godfred Dame, contends that the President lacks the constitutional authority to forward the petitions to the Council of State without first determining a prima facie case and notifying the Chief Justice.
According to the MP, the Constitution mandates that a Chief Justice should be informed of any allegations against them and given a chance to respond before the Council of State is consulted. He argues that failing to notify Chief Justice Torkornoo violates her right to a fair hearing.
In her letter to the president, Chief Justice Torkornoo stressed the importance of transparency and due process, requesting sufficient time to respond to the allegations.
“I am by this letter humbly and respectfully asking His Excellency the President and eminent members of the Council of State to forward the petitions against me to me and allow me at least seven days after receipt of same to provide my response to you, which response can then form part of the material that you conduct the consultations anticipated under 146 (6) before the possible setting up of a Committee of Inquiry under Article 146 (7),” she stated.
The Minister for Government Communications, Felix Kwakye Ofosu, confirmed that the three petitions had been forwarded to the Council of State in accordance with Article 146. He noted that the president acted within his constitutional mandate by seeking the council’s advice on the matter.
The Council of State’s review is expected to provide President Mahama with recommendations on how to proceed. If the Council advises in favour of further action, a committee of inquiry could be established to investigate the allegations.
The case has sparked widespread public and legal interest, with many keenly observing how the situation unfolds. The outcome could shape the future of Ghana’s judiciary and set a precedent for handling petitions against high-ranking judicial officers.
The Chief Justice’s request for access to the petitions and the ongoing lawsuit challenging the President’s approach underscore the importance of due process and constitutional safeguards in safeguarding the independence of the judiciary.
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