Akufo-Addo has been presented petitioned to dismiss Chief Justice

President Nana Addo Dankwa Akufo-Addo has been presented with a petition calling for the removal of Chief Justice Gertrude Torkonoo over allegations of misconduct and incompetence.

The petition, submitted by a Ghanaian citizen, accuses the Chief Justice of constitutional and administrative violations, which the petitioner claims have eroded public confidence in the judiciary.

Citing the need to uphold the integrity of Ghana’s judicial system, the petitioner argued that Justice Torkonoo’s actions necessitate her removal from office.

The process for removing a Chief Justice is governed by Article 146 of Ghana’s Constitution, which outlines the legal framework for addressing allegations against Justices of the Superior Court and other judicial officers.

Article 146 – Key Provisions for Removal of Justices

1. A Justice of the Superior Court or a Regional Tribunal Chairman can only be removed for stated misconduct, incompetence, or an inability to perform duties due to physical or mental incapacity.
2. Petitions for removal must follow a specific process outlined in the Constitution.
3. In the case of a Chief Justice, the President, in consultation with the Council of State, must appoint a committee to investigate the allegations.
4. The committee comprises two Supreme Court Justices, one serving as chairman, and three other non-lawyer members who are not part of the Council of State or Parliament.
5. Proceedings are conducted in private, with the accused having the right to legal representation.
6. Based on the committee’s recommendations, the President is required to act accordingly.

The President may also suspend the Chief Justice during the investigation, subject to the advice of the Council of State, and retain the authority to revoke such suspension at any time.

While details of the allegations remain confidential, as required under Article 146, this petition marks a significant moment for Ghana’s judiciary, with potential implications for the leadership of the nation’s judicial arm.