President John Mahama has expressed his displeasure with Chief Justice Gertrude Torkornoo’s letter to him being leaked to the public before reaching him.
The Chief Justice penned a letter to President John Dramani Mahama demanding copies of petitions seeking her removal was leaked on social media before reaching the presidency.
Callistus Mahama, Secretary to the President stated in a statement, “His Excellency, however, notes with disappointment that your letter of 27th March 2025 addressed to him was circulating on social media even before he could review its contents”.
“The letter was reportedly shared as an attachment to another letter you wrote to the President of the Supreme Court, the President of the Association of Magistrates and Judges, and the President of the Ghana Bar Association,” the statement read.
The Presidency has now decided to mark each page of the attached documents as ‘restricted’.
In a letter addressed to the President and members of the Council of State on March 27 the CJ wrote, “I am by this letter humbly and respectfully asking His Excellency the President and eminent members of the Council of State to forward the petition 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 asserted that under the principles of audi alteram partem rule of natural justice, “no defendant can be subjected to a trial unless the preliminary process of receiving their response has been adhered to.”
Chief Justice Torknoo insisted, “This is the right afforded every citizen in justice delivery, and it is provided for in Article 146 procedures. In my time as a Chief Justice, I have handled five such petitions for removal of superior court judges, and heard from them before determining whether a prima facie case has been made against them to merit the setting up of the investigative committee provided for under article 146(4),”
“Respectfully, in the case of the Chief Justice, please allow me to submit that it is the combination of the evidence in the petition, and the response of the Chief Justice, that provides the material for consultation between His Excellency the President and eminent members of the Council of State under article 146(6).
“These two sources serve to guide whether a prima facie case has been established, such that a Committee of Inquiry should be set up under article 146 (7) to inquire into whether the Chief Justice may be removed from office. This is the direction of the Supreme Court in the case of Agyei-Twum v Attorney-General and Akwettey [2005-2006] SCGLR 732,” the letter added.
Meanwhile, John Mahama has given Chief Justice Gertrude Torkornoo 10 days to submit a preliminary response to three petitions demanding her removal from office.
Callistus Mahama, Secretary to the President issued the directive in a letter.
