A legal battle has erupted over the removal process of Chief Justice Gertrude Araba Sackey Torkornoo, with a Ghanaian citizen, Ebenezer Osei-Owusu, petitioning the Supreme Court to intervene.
The lawsuit seeks to halt President John Dramani Mahama and the Council of State from proceeding with the removal process, as outlined in Article 146(6) of the Constitution.
At the heart of the controversy are three petitions submitted to the presidency, calling for the Chief Justice’s removal. President Mahama forwarded these petitions to the Council of State for advice, sparking concerns about the legitimacy of the process.
Osei-Owusu argues that the president overstepped his constitutional authority by forwarding the petitions without first establishing a prima facie case against the Chief Justice and providing her with copies of the petitions.
In his writ, Osei-Owusu seeks a declaration that the president’s actions were unconstitutional. He states, “A declaration that, upon a true interpretation of Articles 146(1), (6), and (8) of the 1992 Constitution of the Republic of Ghana… a determination of a prima facie case by the President… cannot be made without first furnishing the Chief Justice with a copy or copies of the petition(s) seeking her removal and allowing her to comment on them.”
Interestingly, Chief Justice Torkornoo has also written to President Mahama, requesting copies of the petitions against her and seeking a seven-day window to respond before any further action is taken under Articles 146(6) and 146(7) of the Constitution.
This development underscores the growing tension surrounding the removal process and the need for transparency and adherence to constitutional procedures.
