Mahama Orders Chief Justice Torkornoo to Respond to Removal Petitions

President John Mahama has given Chief Justice Gertrude Torkornoo 10 days to provide a preliminary response to three petitions seeking her removal from office.

This instruction was outlined in a letter signed by Callistus Mahama, the President’s Secretary. The Chief Justice requested copies of the petitions on Thursday, March 27.

The petitions were submitted by three individuals on February 14 and March 17, 2025, alleging misconduct and abuse of power.

The letter further explained that President Mahama had initially sent the petitions to Doe Adjaho, Chairman of the Council of State, on March 24, 2025, for consultation, as required by Article 146(6) of the Constitution. The Council of State approved the process on March 27, 2025, after which the petitions were forwarded to the Chief Justice for her response.

Additionally, the President expressed concern over a leaked letter from Chief Justice Torkornoo, dated March 27, 2025, which was shared on social media before he had an opportunity to review it.

The process for removing the Chief Justice is governed by Article 146 of the Constitution, which outlines the procedure for the removal of Justices of Superior Courts and Chairmen of Regional Tribunals.

Key points of Article 146 include:

1. A Justice of the Superior Court or Chairman of a Regional Tribunal can only be removed for misbehavior, incompetence, or inability to perform duties due to physical or mental infirmity.
2. Any removal must follow the specific procedure outlined in this article.
3. If the President receives a petition for removal, the petition is referred to the Chief Justice, who will determine if there is a prima facie case.
4. If a prima facie case is found, a committee of three Justices or Chairmen, along with two non-political and non-legal members, will investigate the matter and report to the Chief Justice.
5. If the petition concerns the removal of the Chief Justice, a committee of two Supreme Court Justices and three non-political and non-legal individuals will be appointed by the President, in consultation with the Council of State, to investigate the matter.
6. The committee will make recommendations to the President on whether the Chief Justice should be removed.
7. All proceedings under this article are conducted in camera, and the person under investigation is entitled to defend themselves in person or through legal counsel.
8. The President must act in accordance with the committee’s recommendations.
9. The President may, upon the committee’s recommendation, suspend the Chief Justice or other Justices, with or without the advice of the Council of State or Judicial Council.
10. Any suspension may be revoked by the President at any time.