President Nana Akufo-Addo has made a decisive move by rejecting a petition filed by Professor Stephen Kwaku Asare, aimed at removing Her Ladyship Justice Gertrude Sackey Torkonoo as Chief Justice (CJ) of Ghana. The President deemed the petition as lacking in merit and dismissed it as “frivolous, vexatious, and unmeritorious.”
The petition, which was submitted on 17 December 2024, invoked Article 146(1) of the 1992 Constitution of Ghana, alleging acts of misbehaviour and incompetence on the part of the CJ. Professor Asare pointed to various incidents, including a controversial letter from the Chief Justice to the President requesting the appointment of five new justices to the Supreme Court, which he argued violated constitutional provisions.
In a statement released on 6 January by Eugene Arhin, Director of Communications at the Presidency, President Akufo-Addo explained that after consulting with the Council of State, it was determined that the petition did not present a prima facie case warranting further action.
The President highlighted two main reasons for dismissing the petition. Firstly, he noted that the allegations made by Professor Asare were unsupported by evidence or documentation. Claims of panel reconstitution, issuance of practice directions, and constitutional breaches by the Chief Justice were found to lack factual basis or credible documentation.
Secondly, President Akufo-Addo emphasized that the processes and practices cited by the petitioner were in line with the law and established practices. The Chief Justice’s administrative responsibilities under the Courts Act were deemed consistent with legal standards.
Furthermore, the President criticized Professor Asare for prematurely circulating the petition in the public domain, in violation of Article 146(8) of the Constitution, which stipulates that such proceedings should be held in camera to protect the integrity of the Judiciary. President Akufo-Addo expressed disappointment that a lawyer would breach constitutional provisions in this manner.
Reiterating his commitment to upholding judicial independence, President Nana Akufo-Addo cautioned against baseless attempts to undermine the integrity of the judiciary with unfounded allegations. He emphasized the importance of respecting the principles enshrined in the Constitution to safeguard judicial independence.
In conclusion, President Akufo-Addo’s decision to dismiss the petition filed against Chief Justice Gertrude Sackey Torkonoo underscores his commitment to upholding the rule of law and ensuring the integrity of the judiciary in Ghana.
