CJ Torkornoo writes to Mahama for copies of petitions against her removal

On Thursday, March 27, 2025, the Chief Justice, Gertrude Araba Esaaba Torkornoo wrote to the President, John Dramani Mahama asking copies of the three petitions seeking her dismissal. Read the full letter from the CJ to the President below;

Respectfully, on the night of Tuesday, 25th March 2025 a communication from the Presidency was circulated on social media, announcing that the President has received three petitions for my removal as Chief Justice of the Republic of Ghana, pursuant to Article 146 of the 1992 Constitution.

The communication further stated that the President had forwarded the three petitions to the Council of State to commence the consultation process mandated by Article 146 (6) of the 1992 Constitution.

Respectfully, as you are no doubt aware, it is the most fundamental precept of Common Law and our constitutional dispensation ingrained in the justice delivery process that no consideration affecting the rights of a defendant can be made unless the defendant has been given notice of the contents of a charge and an opportunity to respond to them.

Further, no defendant can be subjected to trial unless the preliminary process of receiving their response has been adhered to.

This forms part of the age-old ‘audi alteram partem’ rule of natural justice and the fundamental rights of citizens under Articles 19, 23, and 296 of the 1992 Constitution, and all decisions in Ghana’s jurisprudence.

Up to date, on 27th March, 2025 I have not been shown the three petitions mentioned in the communication of 25th March 2025 or given an opportunity to respond to them.

These petitions are expected to form the premise for the consultations between the Council of State and His Excellency the President under Article 146 (6) to determine whether a Committee of Inquiry should be set up under Article 146 (7).

As you are aware, when a petition for the removal of a Superior Court Judge under Article 146 (1) is forwarded to the Chief Justice, the first requirement of due process is for the Chief Justice to bring the petition to the attention of the accused Judge and obtain their response.

This right is afforded to every citizen in justice delivery and is provided for in the Article 146 procedures.

In my time as Chief Justice, I have handled five such petitions for the removal of Superior Court Judges and heard from them before determining whether a prima facie case has been made against them to merit setting up the investigative committee provided under Article 146 (4).

It is the combination of the evidence in the petition and the response of the Judge that guides the Chief Justice to determine, as a sole enquirer under Article 146 (3), whether a prima facie case has been established to merit setting up the investigative committee of three Justices and two eminent citizens to conduct a hearing under Article 146 (4).

Respectfully, in the case of the Chief Justice, please allow me to submit that it is the combination of the evidence in the petition and the response of the Chief Justice that provides the material for consultation between His Excellency the President and eminent members of the Council of State under Article 146 (6).

These two sources serve to guide whether a prima facie case has been established, such that a Committee of Inquiry should be set up under Article 146 (7). This follows the Supreme Court’s direction in Agyei-Twum v Attorney-General and Akwettey [2005-2006] SCGLR 732.

I am by this letter humbly and respectfully asking His Excellency the President and eminent members of the Council of State to forward the petitions against me and allow me at least seven days after receipt to provide my response, which should form part of the material for your consultations before the possible setting up of a Committee of Inquiry under Article 146 (7).

Thank you very much in anticipation of your consideration of these matters of due process humbly placed before you.

Respectfully submitted

JUSTICE GERTRUDE SACKEY TORKORNOO
CHIEF JUSTICE

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