A Ghanaian citizen, Ebenezer Osei-Owusu, has petitioned the Supreme Court to stop President John Dramani Mahama and the Council of State from proceeding with the processes outlined in Article 146(6) of the Constitution regarding the removal of Chief Justice Gertrude Araba Sackey Torkornoo.

This legal action follows the presidency’s disclosure that it has received three separate petitions seeking the Chief Justice’s removal. In response, President Mahama forwarded these petitions to the Council of State for advice and potential further action.

In his writ, Osei-Owusu argues that the president has no constitutional authority to forward such petitions without first determining a case against the Chief Justice and providing her with copies of the petitions.

“A declaration that, upon a true interpretation of Articles 146(1), (6), and (8) of the 1992 Constitution of the Republic of Ghana and of the decision of the Supreme Court in the case of Agyei Twum v. Attorney General & Akwatey [2005-2006] SCGLR 732 (Writ No. J1/7/2006) dated 12 July 2006, a determination of a case by the President of the Republic of Ghana in consultation with the Council of State on a petition for the removal of the Chief Justice cannot be made without first furnishing the Chief Justice with a copy or copies of the petition(s) seeking her removal and allowing her to comment on them,” his writ states.

Meanwhile, Chief Justice Torkornoo has formally written to President Mahama, requesting copies of the petitions against her.

She has also sought a seven-day window to respond before any further action is taken under Articles 146(6) and 146(7) of the Constitution.