
The Chief Justice, Gertrude Araba Asaaba Sackey Torkornoo, has requested of President John Dramani Mahama to furnish her with copies of the petitions seeking her removal from office.
In a letter to the President barely 24 hours after consultations with the Council of State in respect of three of eruptions seeking her removal, Justice Torkornoo argued that furnishing her with the petition would enable her ready to respond adequately to the petitions.

Gertrude Torkornoo

John Mahama
“I am by this letter humbly and respectfully asking His Excellency the President and eminent members of the Council of State to forward the petitions against me to me, and allow me at least seven days after receipt of same, to provide my response to you, which response can then form part of the material that you conduct the consultations anticipated under 146 (6), before the possible setting up of a Committee of Inquiry under Article 146 (7),” she stated.
She argued that when the removal of a Superior Court Judge under Article 146 (1) is triggered, the first requirement of due process is for the petition to be brought to the attention of the accused to obtain their response to the petition.
“This is the right offered every citizen in justice delivery, and it is provide for in Article 146 procedures,” she added.
Revealing that she has applied the above procedure in respect of five petitions against justices of the Superior Court of judicature under Article 146 (4), Justice Torkonooo stressed that it was the evidence in the petition and the responses that would determine the material for consultation between the President and the Council of State.
“These two sources serve to guide whether a primary facie case has been established, such that a Committee of Inquiry be set up under Article 146 (7) to inquire whether the Chief Justice may be removed from office.
“This is the direction of the Supreme Court in the case of Adjei-Twum vs The Attorney-General and Akwtettey [2005-2006] SCGLR 732,” she stressed.
Justice Torkornoo’s request comes on the back of a suit filed by Member of Parliament for Old Tafo, Vincent Ekow Assafuah, seeking the declaration of the petitions null and void and if no effect by the Supreme Court.
Represented by the Former Attorney-General and Minister for Justice, Godfrey Yeboah Dame, the second term MP, is of the view that President Mahama was required by various provisions of the 1992 Constitution to notify the Chief Justice about the petitions and obtain her comments and responses before forwarding same to the Council of State.
The Constitution, meanwhile, provides in 146 (6) that “where the petition is for the removal of the Chief Justice, the President shall, in consultation with the Council of State, appoint a Committee consisting of two Justices of the Supreme Court, one of whom shall be appointed chairman by the President, and three other persons who are not members of the Council, nor members of Parliament, nor lawyers” to determine the fate of the Chief Justice.
BY JULIUS YAO PETETSI