Chief Justice, Her Ladyship Gertrude Araba Esaaba Sackey Torkonoo, is currently facing the threat of being removed from her position as President John Mahama seeks consultation with the Council of State regarding three petitions that have been submitted seeking her dismissal. This development was confirmed in a statement signed by Minister of Government Communications, Felix Kwakye Ofosu, dated 26th March.
According to the statement, President Mahama has received three petitions from various individuals calling for the removal of the Chief Justice. In line with Article 146 of the 1992 Constitution, the President has forwarded these petitions to the Council of State to initiate the consultation process.
Justice Torkonoo, who took over from Justice Kwasi Anin-Yeboah, was sworn in as Ghana’s 15th Chief Justice and the third woman to hold the position on 12th June 2023 by former President Akufo-Addo.
One of the previous petitions against the Chief Justice was filed by legal scholar Professor Kwaku Asare on 17th December 2024. The petition cited alleged misconduct and incompetence on the part of the Chief Justice, particularly in relation to her request for the appointment of five new Supreme Court justices, which was deemed to contravene constitutional provisions. However, former President Akufo-Addo dismissed the petition on 6th January 2025 after consulting with the Council of State, citing a lack of prima facie case.
In light of the current situation, renowned economist and former GIMPA Rector, Professor Stephen Adei, has cautioned President Mahama against the removal of the Chief Justice and the Electoral Commission Chairperson. He emphasized that any politically motivated removal could jeopardize Ghana’s democratic institutions and establish a troubling precedent for future administrations.
It is crucial for President Mahama to consider these warnings and carefully evaluate the implications of removing the Chief Justice. The integrity and independence of the judiciary must be upheld to ensure the continued functioning of Ghana’s democratic system.
