President Akufo-Addo has received a petition seeking the removal of Chief Justice Gertrude Torkonoo from office over allegations of misconduct and incompetence.
The petition, dated December 17, 2024, was filed by a Ghanaian national who accused Justice Torkonoo of engaging in constitutional and administrative breaches. The petitioner argued that these alleged actions undermine the credibility and integrity of the judiciary. In the petition, the complainant insisted that removing the Chief Justice is necessary to preserve public confidence in Ghana’s judicial system.
The law governing the removal of the Chief Justice is clearly outlined in Article 146 of the 1992 Constitution.
Under Article 146(1), a Chief Justice can only be removed on grounds of stated misbehavior, incompetence, or the inability to perform duties due to infirmity of body or mind.
According to Article 146(6), when the President receives a petition for the removal of the Chief Justice, he is required, in consultation with the Council of State, to appoint a committee to investigate the claims. This committee is composed of:
- Two Justices of the Supreme Court, one of whom serves as chairman.
- Three other individuals who are not members of the Council of State, Parliament, or lawyers.
The committee is mandated to inquire into the petition and recommend to the President whether or not the Chief Justice should be removed from office.
While the investigation is ongoing, Article 146(10) gives the President the power to suspend the Chief Justice upon the advice of the Council of State. However, the proceedings are conducted in camera (privately), and the Chief Justice has the right to defend herself, either personally or through a lawyer or expert of her choice.
Once the investigation is complete, the President is required to act in line with the committee’s recommendations, as stipulated under Article 146(9).
The petition has brought significant attention to the judiciary, raising questions about its leadership and public trust.
