Prof. Stephen Kwaku Asare, a Ghanaian citizen and renowned legal expert, has formally petitioned President Nana Addo Dankwa Akufo-Addo to initiate the removal of Chief Justice Gertrude Torkornoo from office.
In a petition dated December 17, 2024, Prof. Asare alleges misbehavior and incompetence in her administrative duties as the head of the judiciary, raising serious concerns about the integrity and impartiality of the institution.
The petition is rooted in Article 146 (1) of the 1992 Constitution of Ghana, which outlines the legal basis for removing a Justice of the Superior Court or the Chairman of a Regional Tribunal. This article provides that such officials can only be removed for “stated misbehaviour or incompetence or on the ground of inability to perform the functions of office arising from infirmity of body or mind.” Prof. Asare emphasized that his allegations do not pertain to the Chief Justice’s judicial decisions but instead focus on her administrative role under Article 125 (4) of the Constitution, which designates her as the head of the judiciary responsible for its supervision and administration.
“The legal basis of my petition is Article 146 (1) of the 1992 Constitution of the Republic of Ghana,” Prof. Asare stated. “For the avoidance of doubt, my petition focuses on stated misbehaviour and incompetence related to the Chief Justice’s administrative functions as head of the judiciary responsible for its supervision and administration.”
Prof. Asare clarified that his petition does not challenge any judicial decisions, orders, or directives issued by the Chief Justice in her capacity as a justice of the Supreme Court. Instead, it targets what he perceives as violations of constitutional principles that undermine the independence and impartiality of the judiciary.
One of the key allegations outlined in the petition is the Chief Justice’s purported manipulation of the process for appointing judges. Prof. Asare accused her of devising an elaborate scheme in which she personally requests the President to appoint specific judges and subsequently presents their names for approval by the Judicial Council. He argued that this approach undermines the constitutional mandate of the Judicial Council and effectively turns both the Council and the President into rubber stamps for her preferred candidates.
“When the petition is being considered at any stage, members of the Judicial Council will be subpoenaed to testify on the matter,” Prof. Asare noted. This statement underscores the gravity of the accusations and the potential implications for the Judicial Council’s role in ensuring fairness and transparency in judicial appointments.
Another significant concern raised in the petition is the Chief Justice’s alleged interference with duly constituted judicial panels. Prof. Asare cited instances where the Chief Justice reportedly reconstituted panels without providing explanations or citing reasons of public interest. Such actions, he argued, exceed her administrative authority and constitute a direct interference with the independence and impartiality of judicial proceedings.
“We consider the reconstitution of panels to be beyond the Chief Justice’s administrative power and amounts to a direct interference with the impartiality and independence of duly constituted judicial panels,” Prof. Asare stated. He added that these actions erode public confidence in the judiciary and create the perception of bias in the administration of justice.
The petition raises broader questions about the balance of administrative authority within Ghana’s judiciary. Critics argue that unchecked administrative powers can undermine the very principles of fairness and impartiality that the judiciary is meant to uphold. Prof. Asare’s petition, therefore, serves as a litmus test for Ghana’s commitment to judicial accountability and transparency.
As per Article 146 of the Constitution, the President is required to forward such petitions to the Council of State for advice. If the Council finds merit in the petition, the President must establish a committee to investigate the allegations. This investigative process ensures that all parties involved have the opportunity to present evidence and respond to the claims, thereby safeguarding the principles of natural justice.
Observers have noted that this case could set a critical precedent for how administrative oversight within the judiciary is managed in Ghana. The allegations against Chief Justice Torkornoo touch on fundamental issues such as judicial independence, the separation of powers, and the integrity of constitutional processes. As such, the petition has sparked widespread debate among legal scholars, civil society organizations, and the general public.
Some have argued that the allegations, if proven true, highlight systemic weaknesses in the judiciary’s administrative framework. Others, however, caution against rushing to conclusions, emphasizing the need for a thorough and impartial investigation. The case also raises questions about the mechanisms available for addressing grievances within the judiciary, as well as the safeguards in place to prevent abuse of administrative powers.
Prof. Asare’s petition is not merely a critique of an individual’s actions but a broader call to examine the structures and processes that govern Ghana’s judiciary. It underscores the importance of adhering to constitutional principles and ensuring that administrative practices align with the judiciary’s core mandate of delivering justice impartially and independently.
The outcome of this petition will likely have far-reaching implications, not only for Chief Justice Torkornoo but also for the future of judicial administration in Ghana. If the allegations are found to be baseless, it could strengthen her position and affirm the judiciary’s independence. Conversely, if the claims are substantiated, it could lead to significant reforms aimed at enhancing accountability and transparency within the judiciary.
For now, the focus remains on the constitutional process and the careful deliberation it requires. The petition has brought to light critical issues that demand the attention of all stakeholders, from policymakers to ordinary citizens. As Ghana navigates this complex and sensitive matter, the principles of fairness, justice, and accountability must remain at the forefront.
This development is a reminder of the vital role that citizens play in holding public officials accountable. By invoking constitutional provisions to address his concerns, Prof. Asare has reinforced the importance of active citizenship in safeguarding democratic institutions. Whether the petition succeeds or not, it has already sparked a necessary conversation about the standards of leadership and governance expected of those entrusted with upholding the rule of law.
The deliberations and eventual outcome of this case will undoubtedly shape public perception of the judiciary and its leadership. For now, the nation watches as the constitutional process unfolds, with the hope that justice, in all its forms, will prevail.
READ THE FULL PETITION
