By Morkporkpor Anku
Accra, March 27, GNA – Chief Justice Gertrude Sackey Torkornoo has requested copies of petitions filed against her before consultations between the President and Council of State under Article 146 (6).
She said that this would grant her at least seven days to respond, which could then be included in the material used for the consultations under Article 146 (6) before possibly setting up a Committee of Inquiry under Article 146 (7).
In a letter to the President and Chairman of the Council of State, the Chief Justice stressed that no decision affecting a defendant’s rights could be made without notifying the defendant of the charges and granting an opportunity to respond.
“This forms part of the age-old audi alteram partem rule of natural justice and the fundamental rights under Article 19, Article 23, and Article 296 of the 1992 Constitution,” she explained.
The Chief Justice stated that up to March 27, 2025, she had not been shown the three petitions mentioned in the March 25, 2025, communication nor given an opportunity to respond.
Referring to her experience handling five petitions for the removal of Superior Court Judges, she said it was important to combine the petition’s evidence and the Judge’s response to determine if a prima facie case exists, as required under Article 146 (3).
Chief Justice Torkornoo emphasized that, in her case, the petition and her response would form the material for consultations between the President and Council of State under Article 146 (6), to decide whether a Committee of Inquiry under Article 146 (7) should be constituted.
“Respectfully, in the case of the Chief Justice, please allow me to submit that it is the combination of the evidence in the petition, and the response of the Chief Justice, that provides the material for consultation between His Excellency the President and eminent members of the Council of State under article 146 (6).”
She stated that these two sources determine whether a prima facie case exists, warranting the establishment of a Committee of Inquiry under Article 146 (7), citing the Supreme Court’s directive in Agyei-Twum v Attorney-General and Akwettey [2005-2006] SCGLR 732 to support this process.
GNA
KAS