Akufo-Addo rejects Professor Asare’s ‘frivolous’ petition to remove Chief Justice

President Nana Akufo-Addo has dismissed a petition filed by Professor Stephen Kwaku Asare, seeking the removal of Her Ladyship Justice Gertrude Sackey Torkonoo as Chief Justice (CJ) of Ghana. According to the President, the petition lacked merit, describing it as “frivolous, vexatious, and unmeritorious.”

It will be recalled that, on 17 December 2024, Professor Asare invoked Article 146(1) of the 1992 Constitution of Ghana to demand the removal of the CJ over alleged acts of misbehaviour and incompetence. He cited several incidents, including the Chief Justice’s controversial letter to the President, requesting the appointment of five new justices to the Supreme Court. He argued that this request violated constitutional provisions.

In response, President Akufo-Addo, in a statement issued on 6 January by Eugene Arhin, Director of Communications at the Presidency, noted that following consultation with the Council of State, it was determined that the “petition does not disclose a prima facie case warranting further action.”

The statement outlined the following reasons for dismissing Professor Asare’s request:

First, the petition was submitted without supporting evidence or documentation to substantiate its claims. The allegations, including claims of panel reconstitution, issuance of practice directions, and purported constitutional breaches by the Chief Justice, were found to be unsupported by evidence. The petitioner failed to demonstrate any factual basis or provide credible documentation to substantiate these claims.

Second, the processes and practices cited by the petitioner, such as the Chief Justice's administrative responsibilities under the Courts Act, were found to be consistent with the law and established practices.

The President further criticised the petitioner for breaching constitutional provisions regarding such petitions, stating:

The President feels constrained to observe that, contrary to constitutional provisions, the petition was prematurely circulated in the public domain, in breach of Article 146(8) of the Constitution, which mandates that proceedings of this nature be held in camera to protect the integrity of the Judiciary. Such a violation undermines the solemnity of the process and the principles enshrined in the Constitution to safeguard judicial independence. The President is unhappy to observe that such a violation should have been occasioned by a lawyer.

Reaffirming his commitment to judicial independence, President Nana Akufo-Addo also cautioned the public against attempts to undermine the integrity of the judiciary with unfounded allegations.

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