Ghana’s Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo, has formally reached out to President John Mahama and the Council of State, seeking copies of petitions submitted for her removal from office.
In a letter dated March 27, she raised concerns about not having access to the petitions that formed the basis of discussions between the President and the Council of State under Article 146(6) of the 1992 Constitution. She referenced a statement from the Presidency, which circulated on social media on March 25, 2025, confirming that three petitions had been received and forwarded to the Council of State for consultation.
Emphasizing the principles of fairness and due process, Justice Torkornoo insisted that anyone facing accusations must be informed of the allegations and given a chance to respond before any action is taken.
“It is the most fundamental precept of the common law and our constitutional dispensation that no consideration that affects 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,” she asserted.
She further pointed out that during her tenure as Chief Justice, she had overseen five petitions concerning the removal of Superior Court judges and had ensured that each judge was informed of the allegations against them and given an opportunity to respond before a prima facie case was determined.
Justice Torkornoo also highlighted Article 146(6) and (7) of the Constitution, which lays out the procedure for the removal of a Chief Justice. She stressed that both the petition and the response from the accused should be considered during consultations between the President and the Council of State before setting up a Committee of Inquiry.
Citing the Supreme Court ruling in Agyei-Twum v Attorney General and Akwettey [2005-2006] SCGLR 732, she argued that adhering to the proper legal procedure is essential to ensuring fairness.
In light of these concerns, she respectfully requested that the petitions be forwarded to her and asked for at least seven days to respond be
