Chief Justice Torkornoo requested for the Petition for her Removal
In a letter dated 27th March 2025 signed by Chief Justice Gertrude A.E.S. Torkornoo and addressed to His Excellency The President of Ghana, The Chairman of Council of State, A Member of Council of State, and The Council of State, copies of petitions requesting the removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo have been sought.
The Chief Justice (CJ) became aware of these petitions via social media on the night of Tuesday, 25th March 2025, highlighting three petitions received in line with Article 146 of the 1992 Constitution.
The letter emphasized the importance of upholding principles of natural justice, due process, and the rights of individuals within the legal and constitutional framework. It referenced the audi alteram partem rule and fundamental rights outlined in the 1992 Constitution, citing the precedent set by the Supreme Court in the case of Agyei-Twum v Attorney-General and Akwettey [2005-2006] SCGLR 732.
Furthermore, the letter mentioned Article 146(1-5) regarding the removal of a Superior Court Justice where the Chief Justice decides that there is a prima facie case and then appoints a committee as per the constitution. It is not clear how this pertains to the removal of a Chief Justice where the President in consultation with the Council of State, appoints a committee on receiving a petition to remove a CJ.
Article 146(8) explicitly stated the right of the Justice or Chairman facing a petition to present their defence, either personally or through legal representation.
Notably, all proceedings under Article 146 are to be conducted in camera, raising questions about the transparency and the stage of the consultation process. It remains uncertain whether Chief Justice Gertrude A.E.S. Torkornoo will appear before a committee appointed by the president in consultation with the Council of State.
The letter signed by CJ Torkornoo is copied to President of The Supreme Court, President of Association of Magistrates’ & Judges and President of Ghana Bar Association.
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Chief Justice Torkornoo’s letter of request.
