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Why Chief Justice Torkonoo’s Fate Hangs in the Balance

Why Chief Justice Torkonoo’s Fate Hangs in the Balance

Why Chief Justice Torkonoo’s Fate Hangs in the Balance

Chief Justice Gertrude Araba Esaaba Sackey Torkonoo may face removal from office as President John Mahama evaluates three separate petitions calling for her dismissal.

The President has referred the petitions to the Council of State, setting in motion the constitutional process outlined in Article 146 of the 1992 Constitution.

The petitions cite allegations of misconduct and incompetence. One of the petitioners, legal scholar Professor Stephen Kwaku Asare, accuses the Chief Justice of overstepping her constitutional mandate by personally requesting the appointment of five specific Justices of Appeal to the Supreme Court—an act that allegedly sidestepped the Judicial Council’s role in the selection process.

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Under Article 146, the President is required to consult the Council of State to determine whether there is sufficient evidence to proceed with an inquiry.

If a prima facie case is established, a committee comprising two Supreme Court Justices and three non-lawyers will be formed to investigate the claims.

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The proceedings will be conducted behind closed doors, and the Chief Justice will have the opportunity to defend herself with legal representation.

Justice Torkonoo, who was sworn into office on June 12, 2023, by former President Nana Akufo-Addo, is Ghana’s 15th Chief Justice and the third woman to hold the position.

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The outcome of the investigation will determine whether she remains in office or is removed through constitutional procedures.

 

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