Chief Justice Gertrude Araba Esaaba Sackey Torkornoo has formally requested copies of the petitions filed against her, which are currently under consideration by President John Mahama and the Council of State.
In a letter dated March 27, 2025, addressed to the President and copied to the Chairman of the Council of State, the Chief Justice expressed concern over not being provided access to the petitions before consultations between the President and the Council of State commenced under Article 146(6) of the 1992 Constitution.
Justice Torkornoo noted that on March 25, 2025, a communication from the Presidency circulated on social media announcing that three petitions had been submitted seeking her removal from office.
The communication further indicated that these petitions had been forwarded to the Council of State to initiate consultations in line with constitutional requirements.
Citing principles of natural justice, the Chief Justice argued that she has the right to be notified of the content of the petitions and to respond before any determinations are made.
“No consideration that affects the rights of a defendant can be made unless the defendant has been given notice of the contents of a charge and an opportunity to respond,” she emphasized.
She further cited Article 18, Article 23, and Article 296 of the Constitution as enshrining these due process rights.
Justice Torkornoo highlighted that, in her capacity as Chief Justice, she has handled five similar petitions against superior court judges. In each case, she ensured that the accused judges were given the petitions and allowed to respond before deciding whether a prima facie case existed for further investigation.
Referring to the Supreme Court case of Agyei-Twum v Attorney-General and Akwettey (2005-2006 SCGLR 732), she stressed that the combination of the petition’s content and the judge’s response forms the basis for determining whether an investigative committee should be set up. She maintained that this same principle should apply in her case.
“I am by this letter humbly and respectfully asking His Excellency the President and eminent members of the Council of State to forward the petitions against me to me and allow me at least seven days after receipt to provide my response, which can then form part of the material for your consultations,” Justice Torkornoo wrote.
