Ghanaian citizen Prof. Stephen Kwaku Asare has petitioned President Nana Addo Dankwa Akufo-Addo to remove Chief Justice Gertrude Torkornoo due to alleged incompetence and misconduct.
“Article 146 (1) of the 1992 constitution of the republic of Ghana [the constitution] is the legal basis of my petition,” the petitioner stated in a letter dated December 17. For the sake of clarity, my appeal centers on alleged misconduct and incapacity pertaining to the Chief Justice’s administrative duties as the head of the judiciary, which are in charge of overseeing and managing it in accordance with article 125(4) of the constitution.
According to Article 146 (1), a Justice of the Superior Court or a Chairman of a Regional Tribunal cannot be removed from office unless there has been explicit misconduct or incompetence, or if their physical or mental disability prevents them from carrying out their duties.
According to the petitioner, the Chief Justice’s performance of her judicial duties is not the reason for his plea.
“Accordingly, the petition does not challenge any decisions, orders, or directives issued by the Chief Justice in the performance of her duties as a justice of the Supreme Court, including those made to enforce judgments, decrees, or orders in cases she has adjudicated.”
The petitioner stated, for example, that the Chief Justice’s complex plan of asking the president to name particular judges and then submitting the names for the Judicial Council’s approval undermines the constitutional framework and turns the president and council into rubber stamping her preferred judges.
“When the petition is being considered at any stage, members of the Judicial Council will be subpoenaed to testify on the matter,” he added.
The petitioner further noted that there have been reported incidences of the Chief Justice’s direct interference with duly constituted panels with no explanations or public interest reasons for so doing.
“We consider the reconstitution of panels to be beyond the Chief Justice’s administrative power and amounts to a direct interference with the impartiality and independence of duly constituted judicial panels,” he added.
Source: Citinewsroom