President John Mahama has initiated consultations with the Council of State following the submission of three petitions calling for the removal of Chief Justice Gertrude Sackey Torkornoo. This significant development could lead to major changes in Ghana’s judicial system.

A statement from Minister for Government Communications, Felix Kwakye Ofosu, confirmed that the petitions have been forwarded to the Council of State in line with Article 146 of the 1992 Constitution, which outlines the process for removing a Chief Justice.

While details of the petitions remain undisclosed, sources indicate that they may allege misconduct and incompetence. The Council of State will now assess the merit of the claims and advise the President on the next course of action.

The Legal Framework for Removing a Chief Justice

According to Article 146 of the Constitution, the process of removing a Chief Justice involves a formal petition, a review by the Council of State, and the establishment of a committee to investigate the allegations. If the committee finds grounds for removal, the President must act in accordance with its recommendations.

Earlier this year, former President Nana Akufo-Addo dismissed a similar petition filed by legal scholar Prof. Stephen Kwaku Asare. That petition accused Chief Justice Torkornoo of misconduct related to panel reconstitution, issuance of practice directions, and alleged constitutional breaches. However, after consulting the Council of State, Akufo-Addo determined that the petition lacked merit and did not warrant further action.

What’s Next for Chief Justice Torkornoo?

As Mahama initiates the review process, legal and political analysts are watching closely. If the Council of State finds merit in the petitions, a committee comprising two Supreme Court Justices and three independent members will be appointed to investigate. The proceedings will be held in camera, ensuring confidentiality.

This latest development raises critical questions about judicial accountability, the independence of Ghana’s judiciary, and the political implications of such a high-stakes legal battle. For now, all eyes are on the Council of State as the nation awaits its decision.