CJ Torkonoo writes to Mahama for copies of petitions against her removal

**Chief Justice Torkonoo's Statement**

On the night of Tuesday, March 25, 2025, a message circulated on social media. This message announced that the President received three petitions for my removal as Chief Justice of Ghana. The communication stated that the President forwarded these petitions to the Council of State. This is to begin the consultation process required by Article 146 (6) of the 1992 Constitution.

It is essential to note that no consideration affecting a defendant's rights can occur without notice. A defendant must be informed of any charges and given a chance to respond. Additionally, no trial can proceed unless this preliminary process is followed. This principle is part of the ‘audi alteram partem’ rule of natural justice and citizens' rights under Articles 19, 23, and 296 of the Constitution.

As of March 27, 2025, I have not seen these three petitions or had a chance to respond. These petitions will form the basis for consultations between the Council of State and the President under Article 146 (6).

When a petition for removing a Superior Court Judge is sent to me, due process requires me to inform that Judge and obtain their response. This right is guaranteed in Article 146 procedures.

During my time as Chief Justice, I have handled five similar petitions against Superior Court Judges. In each case, I heard from them before deciding if there was enough evidence for an investigative committee under Article 146 (4).

The evidence in each petition combined with the Judge's response helps me determine if there is a prima facie case for setting up an investigative committee. As Chief Justice, I am responsible for this initial inquiry under Article 146 (3).

In my case as Chief Justice, both the evidence in the petitions and my response should guide consultations between the President and Council members under Article 146 (6). These sources help decide if there’s enough evidence to establish a Committee of Inquiry under Article 146 (7), following Supreme Court guidance in Agyei-Twum v Attorney-General.

I respectfully request that His Excellency the President and Council members forward these petitions to me. I ask for at least seven days after receiving them to provide my response. My response should be included in your consultations before considering setting up a Committee of Inquiry under Article 146 (7).

Thank you for considering these matters regarding due process.

Respectfully submitted,

Justice Gertrude Sackey Torkornoo
Chief Justice