Justice Gertrude Torkonoo over allegations of misconduct and incompetence.
The petition, submitted on December 17 by a Ghanaian national, accuses the Chief Justice of engaging in constitutional and administrative breaches, which the petitioner claims undermine the integrity and credibility of Ghana’s judiciary. The complainant insists that the removal of Justice Torkonoo is essential to restoring public confidence in the judicial system.
Constitutional Provisions on the Removal of a Chief Justice
The process for removing the Chief Justice is outlined in Article 146 of Ghana’s Constitution. Below are key aspects of the law:
- Grounds for Removal: A Justice of the Superior Court, including the Chief Justice, can only be removed for stated misconduct, incompetence, or inability to perform their duties due to infirmity of body or mind.
- Procedure: If the petition involves the Chief Justice, the President, in consultation with the Council of State, must appoint a committee to investigate the allegations.
- Committee Composition: The committee consists of:
- Two Supreme Court Justices (one serving as chairperson).
- Three individuals who are not members of the Council of State, Parliament, or the legal profession.
- Investigation and Recommendations:
- The committee conducts a confidential inquiry into the petition.
- The Chief Justice has the right to a defense, either personally or through legal representation.
- The committee submits its recommendations to the President.
- Presidential Action: The President is required to act in accordance with the committee’s recommendations.
- Suspension Authority:
- The President may suspend the Chief Justice during the investigation, based on the advice of the Council of State.
- Suspensions can be revoked at any time by the President.
The petition marks a significant development, sparking debate on judicial accountability and the delicate balance between governance and independence within Ghana’s judiciary. As the President and Council of State assess the petition, the outcome will have critical implications for the country’s judicial system.
