Mahama consults Council of State on petitions to remove Chief Justice

President John Mahama has started talks with the Council of State. This follows three petitions for the removal of Chief Justice Gertrude Sackey Torkornoo.

Felix Kwakye Ofosu, the Minister for Government Communications, made this announcement. He stated that the petitions have been sent to the Council of State. This is part of the constitutional process in Article 146 of the 1992 Constitution.

The details of these petitions are not yet public. However, this marks the start of a formal process that may change Ghana’s judicial system.

The Council of State will review the petitions. They will advise the President on what steps to take next.

Earlier this year, former President Akufo-Addo dismissed a similar petition against Chief Justice Torkornoo. After consulting with the Council of State, he found that it lacked merit.

The previous petition was filed by Prof Stephen Kwaku Asare. It accused Chief Justice Torkornoo of misconduct and incompetence. Allegations included panel reconstitution and breaches of constitutional duties.

However, Akufo-Addo's review found significant flaws in those claims.

Article 146 outlines how to remove a Chief Justice in Ghana. It states that a justice can only be removed for misbehavior or incompetence.

If a petition is received against a justice other than the Chief Justice, it goes to them first. The Chief Justice then decides if there is enough evidence to proceed.

If so, they form a committee to investigate and make recommendations to the President. For removing the Chief Justice, a different committee is appointed by the President with specific members.

This committee will inquire into the petition and recommend whether removal is necessary. All proceedings are confidential, allowing for defense by legal representation if desired.

The President must follow their recommendations when making decisions about suspensions or removals. The President can also revoke any suspension at any time.