Chief Justice Gertrude Torkornoo demands copies of petitions seeking her removal

Ghana’s Chief Justice, Justice Gertrude Araba Esaaba Sackey Torkornoo, has formally requested access to the petitions submitted to President John Dramani Mahama that seek her removal from office.

In a letter addressed to both the President and the Council of State, she expressed concern over the lack of due process, stating that she has not been given the opportunity to review the allegations against her or respond to them. She emphasized that constitutional provisions and legal precedents require an accused person to be informed of the charges before any action is taken.

Justice Torkornoo referenced a March 25, 2025 statement from the Presidency, which circulated on social media, confirming that three petitions had been received and forwarded to the Council of State under Article 146(6) of the 1992 Constitution. However, as of March 27, she had yet to receive copies of the documents.

She pointed out that in past cases involving the removal of judges, standard practice has been to allow the accused to respond before determining whether a prima facie case exists. She insisted that the same principle should apply to the current proceedings.

Citing the Supreme Court case of Agyei-Twum v Attorney-General and Akwettey [2005-2006] SCGLR 732, she argued that both the evidence in the petitions and her response should inform the consultations between the President and the Council of State before any decision is made regarding an investigative committee.

Justice Torkornoo has urged the President and the Council of State to provide her with copies of the petitions and allow her at least seven days to respond before their deliberations are concluded.

Her request raises important constitutional and legal questions about fairness and transparency in the process. Legal experts and observers are closely watching how the Presidency and the Council of State will handle her appeal.