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Ghana’s presidency has received three petitions seeking the removal of the Chief Justice, Gertrude Torkonoo, according to a statement issued by the Minister for Government Communications, Felix Kwakye Ofosu.
“The president has forwarded the three petitions to the Council of State to commence the consultation process mandated by Article 146 of the 1992 constitution,” the statement read.
This will be the second attempt a petition has been sent to the President for the Chief Justice’s removal since December 2024.
Reacting to the latest development, some Ghanaians have described the president’s referral as a “witch-hunt” that marks a “bad precedent.”
Some comments expressed on social media concerning the President’s referral of the petition to the Council of State.
These comments may not have been made in a vacuum. Earlier in December 2024, there was the narrative that President Mahama and the National Democratic Congress could remove supreme court justices because the party had a two-thirds majority in parliament.
However, in an explainer, DUBAWA Ghana indicated that removing Supreme Court justices has nothing to do with parliamentary strength. The explainer also outlined the processes that had to be followed to remove justices from the court.
What does the Constitution say concerning the Chief Justice’s removal?
The process for the removal of the Chief Justice has been outlined in Article 146 of the 1992 Constitution.
It begins with a petition submitted to the President, who “acting in consultation with the Council of State, [shall] appoint a committee consisting of two Justices of the Supreme Court,” per clause 6 of Article 146.
Other members of the Committee include three persons who are not members of the Council of State, members of Parliament, or lawyers.
The committee will investigate the petition and recommend whether the President should remove the Chief Justice from office.
While the investigation is ongoing, the President, acting on the advice of the Council of State, may suspend the Chief Justice and revoke the suspension at any time.
Can the President decide against the conclusion of the investigative committee?
The Constitution mandates that the President implement the recommendation of the five-member committee without substituting it.
“The President SHALL, in each case, act in accordance with the recommendations of the committee,” Clause 9 of Article 146 of the 1992 Constitution.
What happened during the first petition
Professor Stephen Kwaku Asare, a fellow of the Centre for Democratic Development Ghana (CDD-Ghana), submitted the first petition to remove Chief Justice Gertrude Torkonoo. In it, he accused the Chief Justice of misconduct and incompetence.
However, in a statement, the President at the time, Nana Akufo-Addo, “in consultation with the Council of State, concluded that the petition does not disclose a prima facie case warranting further action.”
Conclusion
Ghana’s Council of State will advise whether President John Mahama will set up the five-member committee to investigate the three petitions against the Chief Justice.
