Chief Justice Gertrude Torkornoo has formally submitted her initial response to former President John Mahama concerning petitions calling for her removal from office. This submission comes as the 10-day period granted for her to reply ends today, Monday, April 7.
The petitions, submitted to the President last month, have sparked national discourse, leading to legal and constitutional discussions about the correct procedures for addressing such issues.
Last week, Justice Torkornoo requested copies of the petitions and asked for a minimum of seven days to respond, citing due process and fairness. Her response has now been officially sent to both the President and the Council of State. It will be reviewed as part of the consultative process outlined in Article 146(6) of the 1992 Constitution.
This development is a crucial step in the ongoing constitutional process that could lead to the formation of a committee to investigate the allegations against her.
Meanwhile, the Supreme Court will hear a case on April 9 filed by Vincent Ekow Assafuah, MP for Old Tafo. The case challenges the President’s authority to begin the removal process without first informing the Chief Justice, as required by law.
According to Article 146 of the Constitution, Justices of the Superior Courts or Chairpersons of Regional Tribunals can only be removed for reasons such as misconduct, incompetence, or physical or mental incapacity. Specific procedures are laid out for such removals, including the establishment of investigative committees and the involvement of the Council of State. For the Chief Justice, the President must consult the Council of State and form a special committee to assess the case. All proceedings are to be held privately, and the person in question has the right to a defense. The President must act based on the committee’s recommendation and may suspend the Justice during the process.
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