A petition has been submitted to President Akufo-Addo to dismiss Chief Justice Gertrude Torkonoo due to her alleged stated misbehaviour and incompetence.

In order to preserve the integrity of the judiciary, the petitioner, a citizen of Ghana, claims that the Chief Justice has violated the constitution and the administrative system, necessitating her dismissal.

The Petitioner is United States of America-based Ghanaian Professor of Accounting who's also a lawyer, Stephen Kwaku Asare aka Kwaku Azar.

He expects the President to follow through with the various constitutional provisions governing the process. This petition which sources say was filed on 16th December,2024 comes barely a month to the end of President Akufo-Addo’s tenure of office.

This appeal, according to sources, was submitted on December 16, 2024, only one month before President Akufo-Addo's term ends.

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.

The Supreme Court clarified that determining whether there is a prima facie case against the Chief Justice must be the first step in this conversation.

“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.

Note that in the event that a prima facie case is established against the Chief Justice, a committee will be formed to investigate the matter. This committee will consist of two Justices of the Supreme Court, one of whom will be appointed Chairman by the President, and three additional individuals who are neither members of Parliament nor the Council of State or attorneys.

KA

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