The Supreme Court has set April 2, 2025, to hear an injunction application filed by Member of Parliament for Old Tafo, Vincent Assafuah against the removal process of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
According to the MP, President Mahama’s actions violate constitutional provisions and threaten judicial independence.
Vincent Ekow Assafuah’s lawsuit follows Felix Kwakye Ofosu, the Minister for Government Communications has revealed that President John Dramani Mahama has taken a step in addressing three petitions submitted by individuals to boot out the Chief Justice, Gertrude Torkonoo.
According to the presidency statement, President Mahama has forwarded the petitions to the Council of State to begin the mandated consultation process.
The announcement was made on Tuesday, March 25, 2025.
Chief Justice Gertrude Torkonoo, has penned a letter to President John Dramani Mahama demanding copies of petitions seeking her removal.
According to the Chief Justice’s letter, she is demanding President Mahama grant her seven days to review the petition upon receiving copies to allow her to respond properly before a Committee of Inquiry.
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)”.
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 the 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.
