Ghana: 2 More Petitions Filed for CJ Removal?

Two more petitions have been filed at the Presidency. They seek the removal of Chief Justice Gertrude Araba Torkonoo. This increases the total number of petitions to five.

The constitution prohibits disclosing the contents or identities of petitioners. As of now, there has been no official acknowledgment from the government regarding these petitions.

President John Dramani Mahama has suspended the Chief Justice. This suspension is pending an investigation by a five-member committee. The committee is chaired by Supreme Court judge Justice Gabriel Scott Pwamang.

In related news, MP Ekow Vincent Assafuah has filed an action at the Supreme Court. He argues that President Mahama should have notified the Chief Justice about the removal petition. The President should also obtain her response before referring it to the Council of State.

Mr. Assafuah has joined Attorney General Dr. Dominic Akurutinga Ayine as a defendant in this suit. He seeks a declaration from the Supreme Court regarding constitutional interpretation.

He claims that failing to notify and obtain comments from the Chief Justice violates her security of tenure. This protection is outlined in article 146(1) of the Constitution.

Additionally, Mr. Assafuah argues that this failure interferes with judicial independence as stated in article 127(1) and (2). He believes it also violates his right to a fair hearing under articles 23 and 296.

Since 1992, no petitions for removing previous Chief Justices have succeeded. Justice Sir Ako Korsah was Ghana's first Chief Justice removed by Osagyefo Dr Kwame Nkrumah.