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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. President Mahama Tuesday referred three petitions seeking the removal of Chief Justice to the Council of State for consultation, in line with constitutional requirements.
A statement issued by the Spokesperson to the President, Mr Felix Kwakye Ofosu, stated that the petitions had been submitted by various individuals. The move marks the beginning of the process outlined under Article 146 of the 1992 Constitution, which governs the procedure for the removal of a Chief Justice. The Council of State is expected to advise the President on the next steps as required by law. The nature of the petitions and the specific allegations against the Chief Justice were not disclosed in the statement.
Chief Justice Torkornoo was sworn into office on June 12, 2023, succeeding Justice Kwasi Anin Yeboah, who retired in May 2023. Prior to her appointment as Chief Justice, Justice Torkornoo served as a Justice of the Supreme Court, having been appointed to the apex court in 2019. She joined the Judicial Service in 2004 as one of the first Justices of the Commercial Division of the High Court.
Throughout her judicial career, she is credited with playing significant roles in judicial reforms, including serving as vice chair and later chair of the E-Justice Oversight and Implementation Committee, and as a member of the faculty and Governing Board of the Judicial Training Institute. Justice Torkornoo is the third female Chief Justice in Ghana’s history, following Justices Georgina Theodora Wood and Sophia Akuffo.
Source: GNA
