President Mahama Consults Council of State Over Petitions to Remove Chief Justice
President John Mahama has commenced consultations with the Council of State following the submission of three petitions seeking the removal of Chief Justice Gertrude Sackey Torkornoo.
A statement issued by Minister for Government Communications, Felix Kwakye Ofosu, confirmed that the petitions have been forwarded to the Council of State in accordance with Article 146 of the 1992 Constitution.
While the details of the petitions remain undisclosed, this marks the beginning of a formal constitutional process that could lead to significant changes within Ghana’s judicial system. The Council of State is expected to review the petitions and provide advice to the President on the appropriate course of action.
Constitutional Process for Removing a Chief Justice
The removal of a Justice of the Superior Court or Chairman of a Regional Tribunal is governed by Article 146 of the Constitution. Under the provisions:
A Justice may only be removed for stated misbehavior, incompetence, or inability to perform duties due to infirmity.
When a petition is submitted, the President, in consultation with the Council of State, must establish a committee to investigate the claims.
The committee consists of two Supreme Court Justices (one appointed as chairman by the President) and three other individuals who are neither members of the Council of State, Parliament, nor the legal profession.
The committee conducts an inquiry and recommends whether the Chief Justice should be removed.
Proceedings are held in camera, ensuring confidentiality, and the Chief Justice is entitled to legal representation.
The President is bound to act in accordance with the committee’s recommendations, including suspending the Chief Justice if advised.
Previous Petition Against Chief Justice Torkornoo
This is not the first time Chief Justice Gertrude Sackey Torkornoo has faced removal attempts. In January 2025, former President Nana Akufo-Addo dismissed a similar petition filed by Prof. Stephen Kwaku Asare, which accused her of misconduct and incompetence related to panel reconstitution, practice directions, and constitutional breaches.
After consulting the Council of State, the former President ruled that the petition lacked merit and failed to establish a prima facie case.
Implications for Ghana’s JudiciaryThe latest petitions reignite discussions on judicial accountability and governance. While the process remains at a preliminary stage, the outcome could have lasting implications for the independence and stability of Ghana’s judicial system.
The Council of State is expected to offer its advisory opinion in the coming weeks, setting the stage for the next phase of the constitutional process.
