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. It announced that the President received three petitions for my removal as Chief Justice of Ghana. This is according to Article 146 of the 1992 Constitution.

The message also stated that the President forwarded these petitions to the Council of State. This begins the consultation process required by Article 146 (6) of the Constitution.

It is essential in common law that defendants are informed about charges against them. They must have a chance to respond before any decisions are made. No trial can occur without this preliminary process being followed.

This principle is part of the ‘audi alteram partem’ rule of natural justice. It is also a fundamental right under Articles 19, 23, and 296 of the Constitution.

As of March 27, 2025, I have not seen these three petitions. I have not been given an opportunity to respond to them either. These petitions will guide 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 I 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 such petitions for removal. In each case, I heard from the Judges before deciding if there was enough evidence for an inquiry committee.

The evidence in each petition and the Judge's response help me determine if a prima facie case exists. This guides whether we should set up an investigative committee under Article 146 (4).

In my case as Chief Justice, both the petition evidence and my response should be considered during consultations with the President and Council of State members under Article 146 (6). These sources will help decide if a Committee of Inquiry should be established under Article 146 (7).

I respectfully ask His Excellency the President and Council members to share these petitions with me. I request at least seven days after receiving them to provide my response. My response should be included in your consultations before considering setting up an inquiry committee.

Thank you for considering these matters regarding due process.

Respectfully submitted,

Justice Gertrude Sackey Torkornoo
Chief Justice