A citizen of Ghana Prof. Stephen Kwaku Asare has petitioned President Akufo-Addo to remove Chief Justice Gertrude Torkornoo.
Prof. Stephen Kwaku Asare’s petition dated December 17 cites the Chief Justice for alleged misbehavior and incompetence.
Part of the petition reads, “The legal basis of my petition is Article 146 (1) of the 1992 constitution of the republic of Ghana [the constitution]. For the avoidance of doubt, my petition focuses on stated misbehavior 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.”
“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, the petition added.”
Prof. Stephen Kwaku Asare’s petition further stated, “When the petition is being considered at any stage, members of the Judicial Council will be subpoenaed to testify on the matter”.
“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”, it added.
Meanwhile, a Justice of the Superior Court or a Chairman of a Regional Tribunal shall not be removed from office except for stated misbehavior or incompetence Article 146 (1) stipulates.
