A prominent Ghanaian legal scholar, Prof. Stephen Kwaku Asare, has petitioned President Nana Addo Dankwa Akufo-Addo to initiate the removal of Chief Justice Gertrude Torkornoo. The petition, dated December 17, accuses the Chief Justice of administrative misconduct and incompetence in her role as the head of the judiciary.
In the petition, Prof. Asare cited Article 146 (1) of Ghana’s 1992 Constitution, which provides the legal framework for the removal of justices of the Superior Court on grounds of “stated misbehaviour, incompetence, or inability to perform their functions due to infirmity.” His allegations specifically target the Chief Justice’s supervisory and administrative functions under Article 125 (4), which assigns her responsibility for the administration of the judiciary.
Prof. Asare clarified that his grievances do not pertain to the Chief Justice’s rulings or decisions in her capacity as a Supreme Court Justice. He stressed that the petition solely addresses her administrative actions as the judiciary’s leader.
“This petition does not challenge decisions, orders, or directives issued by the Chief Justice in her judicial capacity, including actions enforcing judgments or orders in cases she has adjudicated,” he explained.
The petition accuses Chief Justice Torkornoo of orchestrating a process to influence judicial appointments, thereby undermining constitutional checks and balances. According to Prof. Asare, the Chief Justice’s practice of requesting the president to appoint specific judges before seeking the Judicial Council’s approval effectively turns the council and the president into mere formalities.
“This elaborate scheme subverts the constitutional framework and bypasses the collective decision-making intended in judicial appointments,” he alleged, adding that members of the Judicial Council may be subpoenaed to provide testimony should the petition progress.
The petitioner further criticized the Chief Justice for allegedly interfering with duly constituted judicial panels. Prof. Asare cited instances of panel reconstitution without public justification, arguing that such actions compromise judicial independence and impartiality.
“The reconstitution of panels goes beyond the administrative powers of the Chief Justice and constitutes direct interference with the independence of the judiciary,” the petition stated.
Prof. Asare’s petition underscores the gravity of these allegations, calling for a thorough investigation under the provisions of Article 146. If the President finds the petition to have merit, a committee will be established to investigate the claims.
As the petition gains public attention, it raises questions about the balance of power within Ghana’s judiciary and the role of its leadership in upholding constitutional principles. The presidency has yet to issue a formal response to the petition.
