Prof. Kwaku Azar Petitions Akufo-Addo To Remove Chief Justice

President Nana Addo Dankwa Akufo-Addo has received a formal petition calling for the removal of Chief Justice Gertrude Torkonoo over allegations of misconduct and incompetence. Filed on December 17 by a Ghanaian citizen, the petition accuses Justice Torkonoo of constitutional and administrative breaches, which, according to the complainant, undermine the judiciary’s credibility and integrity.

The petitioner contends that the Chief Justice’s actions necessitate her removal to preserve public confidence in Ghana’s judicial system. The President is now tasked with initiating the constitutional process outlined in Article 146 of the 1992 Constitution to address the allegations.

Article 146: The Process for Removing a Chief Justice

Article 146 establishes the grounds and procedure for the removal of a Justice of the Superior Courts or a Regional Tribunal Chairman. According to the Constitution, a Chief Justice may only be removed for “stated misbehaviour, incompetence, or inability to perform the functions of the office due to infirmity of body or mind.”

For a petition against the Chief Justice, the process involves:

1. Initial Referral: Upon receipt of the petition, the President, in consultation with the Council of State, must appoint a five-member committee to investigate the allegations.
2. Committee Composition: This committee will consist of two Supreme Court Justices, one of whom will serve as chairperson, and three other individuals who are neither members of Parliament, the Council of State, nor lawyers.
3. Investigation and Recommendations: The committee is tasked with inquiring into the allegations and making recommendations to the President on whether the Chief Justice should be removed.
4. Confidential Proceedings: All proceedings under Article 146 are held in camera, ensuring confidentiality. The Chief Justice has the right to defend herself with legal representation or other experts of her choice.
5. Presidential Action: The President must act in accordance with the committee’s recommendations.

The Constitution also allows the President to suspend the Chief Justice, with advice from the Council of State, while the petition is under review.

Public Reaction

The petition has sparked mixed reactions across the political and legal spheres. While some argue it underscores the importance of holding the judiciary accountable, others caution against potential political interference in the judicial process.

The presidency has not yet issued a statement on the petition, and the Council of State is expected to play a pivotal role in shaping the next steps.

As the country watches closely, this case could become a defining moment for judicial accountability and independence in Ghana.

Source: GhanaFeed.Com