President Nana Akufo-Addo has been petitioned to remove Chief Justice Gertrude Torkonoo from office for alleged stated misbehaviour and incompetence.
The Petitioner, a Ghanaian national alleges constitutional and administrative breaches have been committed by the Chief Justice making her removal necessary to maintain the integrity of the Judiciary.
CJ removal process
Under Ghana’s constitution, petitions for the removal of Justices of the Superior Courts are provided for in Article 146 of the constitution.
The Supreme Court in the Case of Frank Agyei Twum v Attorney General, judgment delivered on 12th July 2006 provided some clarity on what this process must entail. The court explained that such petitions must first be sent to the President who must consult with the Council of State to set up a committee to probe the matter.
“I am inclined to grant the Plaintiff a declaration that the consultation by the President with the Council of State in respect of the appointment of the Committee to inquire into a petition for the removal of the Chief Justice shall first determine whether the said petition discloses a prima facie case before the committee is appointed” the Supreme Court stated in the Frank Agyei Twum case.
It be noted that if a prima facie case is established against the Chief Justice 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 of State nor members of Parliament nor lawyers will be tasked to probe the matter.
The committee after its probe will recommend to the President whether the Chief Justice ought to be removed from office. The President is required by law to act in accordance with the recommendations of the committee.
If a determination is however made that a prima facie case has not been made against the Chief Justice, it shall be dismissed by the President.
It will be recalled that in 2021, a petition seeking the removal of then Chief Justice Kwasi Anin Yeboah will was dismissed after the President consulted the Council of state to determine whether a prima facie case has been established. This was the petition filed by the Alliance for Social Equity and Public Accountability.
Prima facie means “on its face” or “on first impression.” In law, it can either refer to evidence that is deemed plausible but open to counter-evidence or to a phase in a pre-trial in which it is determined whether the plaintiff has a sufficiently plausible case to proceed to trial.
Article 146 as a privileged hearing
Petitions for the removal of Superior Court judges including the Chief Justice are to be held in camera with the person against whom it is filed entitled to be heard in his defence by himself or by a lawyer or other expert of his choice. This is provided for in Article 146(8) of Ghana’s constitution.
“All proceedings under this article shall be held in camera and the Justice or Chairman against whom the petition is made is entitled to be heard in his defence by himself or by a lawyer or other expert of his choice”.
