Mahama reviews petitions to remove the Chief Justice with the Council of State.
Following the filing of three petitions calling for the dismissal of Chief Justice Gertrude Sackey Torkornoo, President John Mahama has initiated talks with the Council of State.
Felix Kwakye Ofosu, Minister for Government Communications, said in a statement that the three petitions have been sent to the Council of State in accordance with the procedure specified in Article 146 of the 1992 Constitution.
Although the specifics of the petitions are still unknown, this step marks the start of a formal procedure that may result in major adjustments to Ghana’s legal system.
According to the constitutional clauses controlling the dismissal of a Chief Justice, the Council of State is supposed to review the petitions and counsel the President on the next course of action.
Former President Akufo-Addo denied a petition in January of this year to remove Chief Justice Gertrude Sackey Torkornoo.
After extensive discussions with the Council of State, the former president came to the conclusion that Prof. Stephen Kwaku Asare’s petition was without merit and did not present a strong enough argument to support additional research.
Citing purported panel reconfiguration, practice directive issuance, and constitutional violations, the petition charged Chief Justice Torkornoo with malfeasance and incompetence. However, many flaws were found in the President’s review.
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.
(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.
