The Supreme Court of Ghana has adjourned the case challenging President John Mahama’s initiating process to remove Chief Justice Gertrude Torkornoo from office.
The Supreme Court on April 9, was scheduled to hear the case filed by Old Tafo MP Vincent Ekow Assafuah, challenging the lawfulness of the President initiating the removal process without first informing the Chief Justice.
The Supreme Court adjourned the case on the basis that some 50 State Attorneys were unavailable as they were representing the interests of the State at the ECOWAS Court.
The former Attorney-General Godfred Dame represented the member of parliament and argued that failing to notify the Chief Justice earlier breaks her right to a fair hearing and weakens judicial independence.
It is yet to be known when the hearing will begin since a new date was not announced.
Meanwhile, Chief Justice Gertrude Torkornoo has submitted her response to President John Dramani Mahama on the petition to ‘boot her out’ as Chief Justice.
Chief Justice, Gertrude Torkonoo was given 10 days by President John Dramani Mahama to submit a response to petitions seeking her removal from the high office.
President Mahama’s directive comes after Chief Justice Gertrude Torkonoo made a formal request demanding copies of the petitions filed against her seeking her removal from office.
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),”
President John Mahama had 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.
On Monday, April 7 the 10 days granted by John Mahama for the Chief Justice to respond elapsed.
The Chief Justice’s response, now formally submitted to the President and the Council of State, is anticipated to be considered as part of the consultation process with the Council of State under Article 146(6) of the 1992 Constitution.
