Akufo-Addo petitioned to remove Chief Justice Gertrude Torkonoo over alleged misconduct

President Nana Akufo-Addo has been formally petitioned to remove Chief Justice Gertrude Torkonoo from office over alleged misbehaviour and incompetence.

The petition, filed by a Ghanaian national, claims that constitutional and administrative breaches have been committed by the Chief Justice, making her removal crucial to uphold the integrity of the Judiciary.

Petition Process Under Ghana’s Constitution

The process for the removal of a Chief Justice is governed by Article 146 of Ghana’s Constitution, which sets out a clear procedure for petitions against Justices of the Superior Courts.

According to this article, such petitions must first be submitted to the President, who must then consult with the Council of State to establish a committee to probe the matter.

The Supreme Court, in the case of Frank Agyei Twum v Attorney General (judgment delivered on 12th July 2006), clarified that the first step is for the President to determine whether there is a prima facie case against the Chief Justice. In this case, the court emphasized that a committee can only be formed after establishing a prima facie case.

“I am inclined to grant the Plaintiff a declaration that the consultation by the President with the Council of State in respect of the appointment of the Committee to inquire into a petition for the removal of the Chief Justice shall first determine whether the said petition discloses a prima facie case before the committee is appointed,” stated the Supreme Court in the ruling.

The Removal Process

Should a prima facie case be established, a committee will be formed to investigate the allegations.

The committee will consist of two Justices of the Supreme Court—one of whom will be appointed Chairman by the President—and three other members who are not members of Parliament, the Council of State, or legal practitioners.

After investigating the matter, the committee will submit its recommendations to the President, who must act in accordance with those recommendations.

If the President concludes that there is no prima facie case against the Chief Justice, the petition will be dismissed.

Precedent of Petition Against Former Chief Justice

In 2021, a similar petition seeking the removal of former Chief Justice Kwasi Anin Yeboah was dismissed after a consultation with the Council of State.

The petition, filed by the Alliance for Social Equity and Public Accountability, was dismissed after the President determined that no prima facie case had been established.

Legal Rights and Proceedings

As stipulated by Article 146(8) of the Ghanaian Constitution, the proceedings for the removal of a Superior Court judge, including the Chief Justice, must be held in camera.

The person against whom the petition is filed is entitled to be heard in their defence either personally or through a lawyer or expert of their choice.

“All proceedings under this article shall be held in camera, and the Justice or Chairman against whom the petition is made is entitled to be heard in his defence by himself or by a lawyer or other expert of his choice,” the Constitution mandates.

Expectations of the Petitioner

Sources reveal that the petition was filed on December 16, 2024, just a month before the conclusion of President Akufo-Addo’s tenure.

The petitioner, 3 News reports, expects the President to adhere strictly to the constitutional provisions governing this process and move forward with the necessary steps, should a prima facie case be established.