By Alex Ababio
A petition has been submitted to President Nana Akufo-Addo, seeking the removal of Chief Justice Gertrude Torkonoo from office. The petition, filed on December 17 by a Ghanaian citizen, alleges misconduct and incompetence on the part of the Chief Justice.
According to the petitioner, Justice Torkonoo has committed constitutional and administrative violations that, if proven, undermine the judiciary’s credibility and integrity. The complainant asserts that removing the Chief Justice is essential to maintaining public trust in Ghana’s judicial system.
The process for removing the Chief Justice is governed by Article 146 of the 1992 Constitution, which outlines the grounds and procedures for the removal of justices of superior courts and chairpersons of regional tribunals. Below are the key provisions of Article 146:
Key Provisions of Article 146
1. A Justice of a Superior Court or a Chairman of a Regional Tribunal can only be removed for specific acts of misconduct, incompetence, or an inability to perform duties due to physical or mental incapacity.
2. Removal procedures for a Justice or Chairman must strictly follow the steps outlined in Article 146.
3. When the President receives a petition for the removal of a Justice of a Superior Court (excluding the Chief Justice) or a Regional Tribunal Chairman, it must be referred to the Chief Justice, who will determine if there is a prima facie case.
4. If the Chief Justice finds a prima facie case, they are required to establish a committee. This committee will include three Justices of the Superior Courts or Chairmen of Regional Tribunals, appointed by the Judicial Council, and two additional members who are neither members of Parliament, the Council of State, nor lawyers. These two members are appointed on the advice of the Council of State.
5. The committee formed under Clause 4 will investigate the complaint and submit its recommendations to the Chief Justice, who will then forward them to the President for further action.
6. In cases involving the removal of the Chief Justice, the President must, in consultation with the Council of State, establish a special committee. This committee will consist of two Supreme Court Justices (one of whom will serve as chairperson) and three non-members of Parliament, the Council of State, or the legal profession.
7. The committee tasked with investigating petitions against the Chief Justice will review the allegations and recommend whether the Chief Justice should be removed from office.
8. All investigations under Article 146 are conducted in camera (privately). The accused Justice or Chairman has the right to defend themselves, either personally or through a lawyer or another representative of their choice.
9. The President is required to act based on the recommendations made by the investigating committee.
10. During the investigation:
a) For cases involving the Chief Justice, the President, on the advice of the Council of State, may suspend the Chief Justice through a signed warrant.
b) For other Justices or Tribunal Chairpersons, suspension may be enforced based on advice from the Judicial Council.
11. The President retains the authority to revoke any suspension imposed under Article 146 at any time.
This petition, if found to have merit, will initiate the rigorous constitutional process outlined above to determine the validity of the claims against Chief Justice Torkonoo.