Mahama receives a response from the Chief Justice regarding removal petitions.

In response to petitions calling for her dismissal, Chief Justice Gertrude Torkornoo has sent President John Mahama her initial response.
This comes as today, Monday, April 7, the 10-day window that was given to her to reply to the petitions, is coming to an end.

The petitions, which the President received earlier last month, have drawn national attention and sparked discussions about constitutional and legal issues regarding the proper process for dealing with these kinds of cases.

In accordance with the standards of due process and fairness, Justice Torkornoo had asked for copies of the petitions and at least seven days to reply in a letter sent to the President last week.

As part of the consultation procedure with the Council of State under Article 146(6) of the 1992 Constitution, her response, which has now been formally presented to the President and the Council of State, is anticipated to be taken into consideration.
In the ongoing constitutional process, the proposal represents a critical turning point that might decide whether or not a committee is formed to look into the accusations made against the Chief Justice.

On April 9, Old Tafo MP Vincent Ekow Assafuah filed a lawsuit against the Supreme Court, arguing that it was unlawful for the President to start the removal process without first informing the Chief Justice.

Article 146 of the constitution contains the legislation governing the Chief Justice’s removal.

Article 146 – Removal Of Justices Of Superior Courts And Chairmen Of Regional Tribunals

1) A Superior Court justice or a regional tribunal chairman cannot be removed from office unless there has been documented misconduct or incompetence, or if their physical or mental condition prevents them from carrying out their duties.

(2) Only the process outlined in this article may be used to remove a Chairman of a Regional Tribunal or a Justice of the Superior Court of Judicature.

(3) The President will forward a petition to the Chief Justice, who will decide whether there is a prima facie case to remove the Chairman of a Regional Tribunal or a Justice of a Superior Court other than the Chief Justice.

(4) If the Chief Justice determines that there is a prima facie case, he will form a committee with three Justices of the Superior Courts, Chairmen of the Regional Tribunals, or both, chosen by the Judicial Council and two additional individuals who are not lawyers, members of Parliament, or members of the Council of State. The Chief Justice will appoint these individuals based on the Council of State’s recommendation.

(5) After reviewing the complaint, the committee designated under this article’s clause (4) will submit its findings to the Chief Justice, who will then convey them to the President.

(6) In cases where a petition is filed to remove the Chief Justice, the President will, after consulting with the Council of State, form a committee made up of three individuals who are not members of the Council of State, members of Parliament, or solicitors, as well as two Justices of the Supreme Court, one of whom will serve as the President’s chairman.

(7) After reviewing the petition, the committee established in accordance with this article’s clause (6) will advise the President on whether to remove the Chief Justice from office.

(8) The Justice or Chairman against whom the petition is filed is entitled to have his defence heard by himself or by a lawyer or other expert of his choosing, and all procedures under this article shall be conducted in camera.
(9) In every instance, the President will follow the committee’s recommendations.

(10) In cases where this article refers a petition to a committee, the President may

(a) suspend the Chief Justice in an instance when he signs a warrant in accordance with the Council of State’s recommendation;

(b) suspend any other Justice of a Superior Court or Chairman of a Regional Tribunal who is acting on the recommendation of the Judicial Council.
(11) A suspension under this article may be revoked by the President at any time.