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Prof. Stephen Kwaku Asare, a Ghanaian citizen, has formally petitioned President Nana Addo Dankwa Akufo-Addo to initiate the removal of Chief Justice Gertrude Torkornoo, citing alleged misbehavior and incompetence in her administrative role.
In a letter dated December 17, Prof. Asare based his petition on Article 146(1) of the 1992 Constitution of Ghana. He explained: “The legal basis of my petition is Article 146(1) of the 1992 Constitution of the Republic of Ghana. For the avoidance of doubt, my petition focuses on stated misbehaviour and incompetence related to the Chief Justice’s administrative functions as head of the judiciary responsible for its supervision and administration under Article 125(4) of the Constitution.”
Article 146(1) stipulates that a Justice of the Superior Court or a Chairman of a Regional Tribunal can only be removed for stated misbehavior, incompetence, or an inability to perform official duties due to physical or mental infirmity.
Clarifying his stance, Prof. Asare emphasized that his petition does not challenge any judicial decisions or directives issued by the Chief Justice in her capacity as a Supreme Court Justice. He stated, “Accordingly, the petition does not challenge any decisions, orders, or directives issued by the Chief Justice in the performance of her duties as a Justice of the Supreme Court, including those made to enforce judgments, decrees, or orders in cases she has adjudicated.”
Prof. Asare also raised concerns about what he described as the Chief Justice’s manipulation of judicial appointments. He alleged that her practice of requesting the president to appoint specific judges and later presenting the names for the Judicial Council’s approval undermines constitutional processes. “The Chief Justice’s elaborate scheme of requesting the president to appoint specific judges and later presenting the names for the Judicial Council’s approval subverts the constitutional scheme and converts both the council and president into rubber-stamping her preferred judges,” he said. He added that members of the Judicial Council would need to testify if the matter is formally investigated.
Another issue highlighted in the petition is the Chief Justice’s alleged interference with duly constituted judicial panels without providing any justification. Prof. Asare argued that such actions undermine judicial independence. “We consider the reconstitution of panels to be beyond the Chief Justice’s administrative power and amounts to a direct interference with the impartiality and independence of duly constituted judicial panels,” he noted.
The petition calls for a thorough examination of these allegations to determine whether they warrant the Chief Justice’s removal from office.
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