Editorial News of Tuesday, 8 April 2025
Source: www.ghanawebbers.com
Chief Justice Gertrude Torkornoo has submitted her response to President John Dramani Mahama. This follows multiple petitions calling for her removal from office. The deadline for her response expired on April 7, 2025.
The petitions were presented to the President last month. They have sparked national debate about the constitutional process for removing a Chief Justice. Justice Torkornoo previously requested access to the petitions and asked for seven days to respond.
Her written response has been sent to both the President and the Council of State. This response will guide the next steps in the constitutional process under Article 146(6) of the 1992 Constitution.
According to Article 146(6), when a petition is filed against a Chief Justice, the President must consult with the Council of State. Together, they will establish a five-member committee. This committee will include two Supreme Court Justices and three non-political members outside Parliament and legal professions.
The submission of Torkornoo's response is significant in this ongoing constitutional process. A decision is expected soon on whether a committee will be formed to investigate further.
Additionally, a related legal challenge will be heard by the Supreme Court on April 9. This suit was filed by Old Tafo MP Vincent Ekow Assafuah. It questions whether the President can start removal proceedings without notifying the Chief Justice first.
The removal of a Chief Justice is strictly governed by Article 146 of the Constitution. This article ensures fairness and independence in judicial processes. It provides for an investigative committee, grants rights to defense, and mandates that all proceedings are held in camera.