By Iddi Yire
Accra, March 27, GNA – Chief Justice Gertrude Sackey Torkornoo has requested copies of the three petitions seeking her removal from office from President John Dramani Mahama.
The Chief Justice in a letter addressed to the President and copied to Mr Edward Korbly Doe Adjaho, the Chairman of the Council of State, said on the night of Tuesday, 25th March 2025, a communication from the Presidency was circulated on social media announcing that the President had received three petitions for her removal as Chief Justice of the Republic of Ghana pursuant to article 146 of the 1992 Constitution.
She said the communication further stated that the President had forwarded the three petitions to the Council of State to commence the consultation process mandated by Article 146 (6) of the 1992 Constitution.
“Respectfully, as you are no doubt aware, it is the most fundamental precept of the common law and our constitutional dispensation ingrained into the justice delivery process, that no consideration that affects the rights of a defendant can be made unless the defendant has been given notice of the contents of a charge, and an opportunity to respond to them,” she stated.
“Further, no defendant can be subjected to a trial unless the preliminary process of receiving their response has been adhered to.”
This, she said, formed part of the age old audi alteram partem rule of natural justice, and the fundamental rights of citizens under Article 19, Article 23, and Article 296 of the 1992 Constitution, and all decisions in Ghana’s jurisprudence.
She noted that up to date, on 27th March 2025, she had not been shown the three petitions mentioned in the communication of 25th March, 2025 or given an opportunity to respond to them, which material was expected to form the premise for the consultations between the Council of State and the President under Article 146 (6), as to whether there was a need to set up the Committee of Inquiry described in Article 146 (6) and 146 (7) for the trial of any issues raised.
“As you are aware, when a petition for removal of a Superior Court Judge under Article 146 (1) is forwarded to the Chief Justice, the first requirement of due process is for the Chief Justice to bring the petition to the attention of the accused Judge, and to obtain their response to the petition,” she stated.
The Chief Justice said this was the right afforded every citizen in justice delivery, and it is provided for in the Article 146 procedures.
“In my time as Chief Justice, I have handled five such petitions for removal of superior court Judges, and heard from them before determining whether a prima facie case has been made against them to merit the setting up of the investigative committee provided for under Article 146 (4),” Chief Justice Torkornoo said.
She said it was the combination of the evidence in the petition, and the response of the Judge that guided the Chief Justice to determine, as a sole enquirer under Article 146 (3), whether a prima facie case had been established against the Judge, to merit the setting up of the investigative committee of three Justices and two eminent citizens to conduct a hearing of the complaint against the Judge pursuant to Article 146 (4).
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).
These two sources serve to guide whether a prima facie case has been established, such that a Committee of Inquiry should be set up under Article 146 (7) to inquire into whether the Chief Justice may be removed from office.”
The Chief Justice said this was the direction of the Supreme Court in the case of Agyei -Twum v Attorney-General and Akwettey [2005-2006] SCGLR 732.
“l 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),” the Chief Justice said.
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