"Shockwaves Across Ghana!" – Mahama Takes Bold Step on Petitions to Remove Chief Justice Torkornoo

President John Mahama has initiated consultations with the Council of State following three petitions seeking the removal of Chief Justice Gertrude Sackey Torkornoo. This process, in line with Article 146 of the 1992 Constitution, marks a significant moment in Ghana’s judicial and political landscape.

President Mahama seeks advice from the Council of State on petitions calling
for Chief Justice Torkornoo’s removal

A statement from the presidency confirmed that Mahama had officially referred the petitions to the Council of State for advice. However, the specific allegations made against the Chief Justice remain undisclosed.

According to Article 146, the President, upon receiving a removal petition against a Justice of the Superior Court, must consult the Council of State to determine whether to appoint a committee for further investigation. If a case is established, the Chief Justice may be suspended while the process unfolds.

This is not the first effort to unseat Chief Justice Torkornoo. Before Mahama took office in January 2025, then-President Nana Akufo-Addo dismissed a similar petition filed by Stephen Kwaku Asare, citing a lack of merit.

That petition accused the Chief Justice of misconduct and incompetence, specifically alleging:

• Irregularities in panel reconstitution within the Supreme Court.

• Unlawful issuance of practice directions.

• Constitutional breaches related to judicial procedures.

However, following consultation with the Council of State, Akufo-Addo ruled that the claims did not establish a prima facie case, effectively shutting down the petition.

Under Article 146, a Chief Justice can only be removed on grounds of stated misbehavior, incompetence, or incapacity due to infirmity. If a petition is deemed credible, the President must form a five-member committee to investigate, consisting of:

• Two Supreme Court Justices, one of whom serves as chairman.

• Three non-politically affiliated individuals, who must not be members of Parliament, the Council of State, or the legal profession.

The committee’s findings determine whether the President should remove the Chief Justice. If removal is recommended, Mahama will be constitutionally required to act.

With the petitions now under review, Ghana’s judicial and political circles are set for a heated debate. The situation raises several key questions:

• Will the Council of State find grounds for a formal inquiry?

• If an investigative committee is formed, will Chief Justice Torkornoo be suspended?

• Could this process set a precedent for future judicial removals?

As the Council of State deliberates, all eyes will be on President Mahama’s next steps and the potential implications for Ghana’s judiciary.