Akufo-Addo petitioned to remove CJ from office

Ghana’s outgoing President, Nana Akufo-Addo, has been petitioned to remove Chief Justice Gertrude Torkonoo from office over alleged misconduct and incompetence.

The petition, filed by a Ghanaian citizen, accuses the Chief Justice of violating constitutional and administrative norms, arguing that her removal is necessary to uphold the integrity of the judiciary.

Process for removal of the Chief Justice

The process for removing Justices of the Superior Courts, including the Chief Justice, is outlined in Article 146 of Ghana’s Constitution. In a 2006 ruling in the case of Frank Agyei Twum v. Attorney General, the Supreme Court clarified the procedure for such petitions. According to the Court, petitions must first be submitted to the President, who must then consult with the Council of State to establish a committee to investigate the claims.

The Supreme Court emphasized that the initial consultation should determine whether there is a prima facie case—meaning a case that appears credible on first examination—before a committee is formed.

The ruling stated: “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.”

If a prima facie case is found, a committee will be formed. It will consist of two Supreme Court Justices (one serving as Chair), along with three other individuals who are neither members of Parliament, the Council of State, nor legal practitioners. The committee will investigate the allegations and make a recommendation to the President on whether the Chief Justice should be removed. The President is required by law to act on the committee’s recommendation.

If no prima facie case is found, the petition will be dismissed by the President.

In 2021, a similar petition was filed against then-Chief Justice Kwasi Anin Yeboah by the Alliance for Social Equity and Public Accountability, but the petition was dismissed after the President consulted the Council of State and concluded that no prima facie case had been established.

Legal definition of prima Flfacie

In legal terms, prima facie refers to evidence that is deemed credible and sufficient on first glance, but may still be challenged or rebutted in further proceedings. It can also refer to a stage in a trial where it is decided if there is enough evidence to proceed to trial.

Confidentiality of the process

Article 146 of Ghana’s Constitution mandates that proceedings regarding the removal of judges, including the Chief Justice, be conducted in camera. This means the proceedings are private, and the individual against whom the petition is filed has the right to defend themselves, either personally or through legal counsel or another expert of their choice.

As the petition progresses, sources indicate that the petitioner expects President Akufo-Addo to adhere to the constitutional provisions governing the process. The petition, reportedly filed on December 16, 2024, comes just a month before the end of President Akufo-Addo’s tenure.

Read the full petition

PETITION-CJ