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Ghanaian citizen and legal scholar, Prof. Stephen Kwaku Asare, has petitioned President Nana Addo Dankwa Akufo-Addo for the removal of Chief Justice Gertrude Torkornoo on grounds of alleged misbehavior and incompetence in her administrative role.
In a letter dated December 17, 2024, Prof. Asare cited Article 146 (1) of the 1992 Constitution, which provides the legal framework for removing a Justice of the Superior Court or a Chairman of a Regional Tribunal for stated misbehavior, incompetence, or inability to perform duties due to infirmity.
The petition specifically targets the Chief Justice’s administrative functions as head of the judiciary under Article 125 (4), excluding her judicial decisions or directives as a Supreme Court Justice.
Prof. Asare accused Chief Justice Torkornoo of implementing an alleged “elaborate scheme” to influence judicial appointments. He claimed that her requests for the president to appoint specific judges and subsequent submissions to the Judicial Council for approval undermine constitutional processes, turning both the president and the council into mere “rubber stamps” for her preferred candidates.
The petitioner further raised concerns over reported instances of the Chief Justice’s interference in the composition of duly constituted judicial panels without transparency or public interest justification. He argued that such actions compromise judicial impartiality and independence.
“The reconstitution of panels to suit certain interests exceeds the Chief Justice’s administrative authority and directly interferes with the neutrality of the judiciary,” Prof. Asare asserted.
He also indicated that members of the Judicial Council could be subpoenaed to testify when the petition is considered.
The petition adds to ongoing public discourse on judicial accountability and independence in Ghana’s democratic framework. President Akufo-Addo is yet to respond to the petition, which could initiate an official process to investigate the claims under the provisions of Article 146.
