The Chief Justice, Her Ladyship Gertrude Araba Esaaba Sackey Torkonoo, has officially written to President John Dramani Mahama requesting copies of the petitions calling for her removal from office.
In a letter addressed to both the President and members of the Council of State on Thursday, March 27, 2025, Justice Torkonoo asked for seven days to review the petitions once she receives them. This will allow her to provide an appropriate response before a Committee of Inquiry is established to investigate the petitions.
The Chief Justice’s response came two days after President Mahama forwarded three petitions calling for her removal to the Council of State for further action.
In her response, she noted that despite the President’s action, she has not received or been given copies of the petitions sent to the Council of State, which are expected to form the basis for her removal from office.
She referenced Article 146(1) of the Constitution, which stipulates that when a petition for the removal of a Supreme Court judge, including the Chief Justice, is received, the Chief Justice is required to bring the petition to the attention of the accused judge and seek their response before any further action is taken.
Meanwhile, 2 private citizens are invoking the jurisdiction of the Supreme Court in respect of the removal of Chief Justice Gertrude Sackey Torkornoo.
One of the writs, filed by Godfred Yeboah Dame, former Attorney General, for Vincent Ekow Assifuah, the MP for Old Tafo and plaintiff, seeks a true and proper interpretation of Articles 146 (1), (2), (4) (6) and (7), 23, 57 (3) and 296 of the Constitution.
It said the President was mandated to notify the Chief Justice about a petition for her removal and obtain her responses to the petition before referring it to the Council of State for consultation.
The plaintiff is also seeking a true and proper interpretation of Articles 146 (1), (2), (4), (6) and (7), 23 and 296 of the Constitution.
The writ said a failure by the President to notify the Chief Justice and obtain her comments and responses to the petition for her removal before triggering the consultation process with the Council of State amounts to an unjustified interference with the independence of the judiciary enshrined in Article 127 (1) and (2) of the Constitution.
It also constituted a violation of the fundamental right to a fair hearing contained in Articles 23 and 296 and renders the consultation processes for the removal of the Chief Justice, initiated by the President, null, void and of no effect.
The second writ is filed by Ebenezer Osei-Owusu, who has applied to the Supreme Court to injunct the President Mahama and the Council of State from going ahead with the removal of the Chief Justice.
The applicant, Mr. Osei-Owusu, contends that not only has the Chief Justice not been heard, but she has also not been served with the petitions, thereby preventing her from being aware of their content.
The injunction application which is scheduled to be moved at the Supreme Court on Wednesday, 2 April 2025 was filed pending the determination of the substantive suit filed by the applicant challenging the constitutionality of the decision of the President to forward the three petitions he has received against the Chief Justice without offering her an opportunity to respond to her accusers before triggering the laid down constitutional process for her removal.
In all, the applicant (Ebenezer Osei-Owusu) is seeking seven reliefs in his application, one of which is an injunction order to restrain the President from proceeding to consult the Council of State to determine the existence or non-existence of a case against the Chief Justice.
