After three petitions were filed calling for Chief Justice Gertrude Araba Esaaba Sackey Torkornoo to be removed, President John Mahama has began consulting with the Council of State.
Article 146 of the 1992 Constitution, which describes the process for dismissing a Chief Justice, is in line with this action.
According to Article 146, a Chief Justice may be removed from office for alleged misconduct, incapacity, or disability that prevents them from carrying out their official duties.
The President must designate a committee to look into the claims after receiving such petitions, after consulting with the Council of State. Two justices of the Supreme Court and three other people who are neither lawyers or members of the Council of State or Parliament make up this committee.
The committee’s job is to look into the claims in detail and suggest whether the Chief Justice should be fired.
This development signifies the start of a formal process that may result in major changes to Ghana’s courts, even if the specifics of the current petitions have not been made public.
According to the constitutional clauses controlling the dismissal of a Chief Justice, the Council of State is supposed to review the petitions and counsel the President on the best course of action.
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It is crucial to remember that all Article 146 proceedings take place behind closed doors, guaranteeing confidentiality throughout the inquiry.
The Chief Justice in question is entitled to a defense, either personally or through legal representation. The President is required to act in accordance with the committee’s recommendations, ensuring that due process is upheld.
This situation underscores the importance of adhering to constitutional procedures to maintain the integrity and independence of the judiciary in Ghana.
