In a letter addressed to the President and members of the Council of State on March 27, Her Ladyship Justice Gertrude Torkonoo asked the President to grant her seven days to review the petition upon receiving copies to allow her respond appropriately before a Committee of Inquiry is set up to look into the petitions.

“I am by this letter humbly and respectfully asking His Excellency the President and eminent members of the Council of State to forward the petition against me to me, and allow me at least seven days after receipt of same, to provide my response to you, which response can then form part of the material that you conduct the consultations anticipated under 146 (6) before the possible setting up of a Committee of Inquiry under article 146(7),” the Chief Justice said in her letter.

The Chief Justice’s response comes two days after President Mahama forwarded three petitions calling for the removal of the Chief Justice to the Council of State for further action.

The Chief Justice in responding to the issue said two days after the action taken by the President, she has not seen or been given copies of the petition which has been sent to the Council of State and expected to form the premise for her removal from office.

She averred that under the principles of audi alteram partem rule of natural justice, “no defendant can be subjected to a trial unless the preliminary process of receiving their response has been adhered to.”

According to her, per article 146(1) of the constitution when a Chief Justice receives a petition for removal of a Supreme Court Judge, the Chief Justice by requirement has to bring the petition to the attention of the accused Judge and obtain response of the Judge to the petition.

“This is the right afforded every citizen in justice delivery, and it is provided for in article 146 procedures. In my time as a Chief Justice, I have handled five such petitions for removal of superior court judges, and heard from them before determining whether a prima facie case has been made against them to merit the setting up of the investigative committee provided for under article 146(4),” Chief Justice Torknoo insisted.

Her Ladyship Justice Gertrude Torkonoo argued that in the case of Agyei-Twum v Attorney-General and Akwettey [2005-2006] SCGLR 732, the Supreme Court concluded that even before the President should consult with members of the Council of State on a petition to remove a Chief Justice, a combination of evidence from the petition and response from the said Chief Justice is required to determine whether there’s a prima facie case established to remove the Chief Justice from office.

“Respectfully, in the case of the Chief Justice, please allow me to submit that it is the combination of the evidence in the petition, and the response of the Chief Justice, that provides the material for consultation between His Excellency the President and eminent members of the Council of State under article 146(6).

“These two sources serve to guide whether a prima facie case has been established, such that a Committee of Inquiry should be set up under article 146 (7) to inquire into whether the Chief Justice may be removed from office. This is the direction of the Supreme Court in the case of Agyei-Twum v Attorney-General and Akwettey [2005-2006] SCGLR 732,” the letter added.

A statement from the Presidency’s Communications Directorate on Tuesday, March 25, 2025, confirmed that three petitions had been submitted by various individuals, urging the President to take action against the Chief Justice.

Following constitutional procedures, President Mahama referred the matter to the Council of State to begin the consultation process required before any further action can be taken.

The nature of the petitions and the specific allegations against Chief Justice Torkornoo remain undisclosed. This has prompted the Chief Justice to request for copies of the petition in order to know the details and respond accordingly per the principles of audi alteram partem rule of natural justice.

Meanwhile, Vincent Ekow Assafuah, the Member of Parliament for Old Tafo, has filed a lawsuit at the Supreme Court of Ghana seeking to stop President John Dramani Mahama from initiating the removal process of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.

The MP argues that the President’s actions violate constitutional provisions and threaten judicial independence.

Assafuah, in his suit against the Attorney General, contends that under a correct interpretation of Articles 146(1), (2), (4), (6), and (7), along with Articles 23, 57(3), and 296 of the 1992 Constitution, the President is required to notify the Chief Justice about any petition for her removal and obtain her comments before consulting the Council of State.