Mahama gives Chief Justice 10 days to respond to removal petitions

President John Mahama has given Chief Justice Gertrude Torkornoo 10 days. She must submit a preliminary response to three petitions for her removal.

The directive is in a letter signed by Callistus Mahama, the President's Secretary. The Chief Justice requested copies of the petitions on March 27.

These petitions were submitted by three individuals on February 14 and March 17, 2025. They allege misconduct and abuse of power.

According to the letter, President Mahama wrote to Doe Adjaho on March 24. He forwarded the petitions for consultation as required by Article 146(6) of the Constitution.

The Council of State approved this process on March 27, 2025. After that, the petitions were sent to the Chief Justice for her comments.

However, President Mahama expressed concerns about a leaked letter from Chief Justice Torkornoo. This letter was dated March 27, 2025, and circulated on social media before he could review it.

The law regarding the removal of the Chief Justice is outlined in Article 146 of the Constitution.

Article 146 states that a Justice or Chairman can only be removed for misbehavior or incompetence. They may also be removed if unable to perform their duties due to health issues.

A petition for removal must follow specific procedures outlined in this article. If received, the President refers it to the Chief Justice for evaluation.

If there is a prima facie case, a committee will be formed to investigate. This committee consists of three Justices or Chairmen appointed by the Judicial Council and two other non-lawyers recommended by the Council of State.

This committee will make recommendations to the Chief Justice, who forwards them to the President.

For removing a Chief Justice, a different committee is appointed with two Supreme Court Justices and three non-lawyers. This committee will recommend whether she should be removed from office.

All proceedings are confidential, allowing the accused justice or chairman to defend themselves with legal representation if desired.

The President must act according to this committee's recommendations in each case.

If necessary, he can suspend justices during investigations based on advice from relevant councils but may revoke suspensions at any time.