President Nana Akufo-Addo has been petitioned to remove Chief Justice Gertrude Torkonoo from office for alleged stated misbehavior and incompetence. The petitioner, a Ghanaian national, claims that constitutional and administrative breaches have been committed by the Chief Justice, making her removal necessary to maintain the integrity of the judiciary.
Chief Justice Removal Process
Under Ghana’s constitution, petitions for the removal of justices of the Superior Courts are governed by Article 146. The process was further clarified by the Supreme Court in the case of Frank Agyei Twum v. Attorney General, with judgment delivered on July 12, 2006. According to the ruling, such petitions must first be submitted to the President, who is required to consult with the Council of State to establish a committee to investigate the matter.
This consultation, the apex court explained, begins with determining whether there is a prima facie case against the Chief Justice. The court stated: “I am inclined to grant the Plaintiff a declaration that the consultation by the President with the Council of State in respect of the appointment of the Committee to inquire into a petition for the removal of the Chief Justice shall first determine whether the said petition discloses a prima facie case before the committee is appointed.”
If a prima facie case is established, a committee comprising two Justices of the Supreme Court—one of whom is appointed Chairman by the President—and three other individuals who are not members of the Council of State, Parliament, or the legal profession, will be tasked with probing the matter.
The committee’s findings will then be submitted to the President, along with a recommendation on whether the Chief Justice should be removed from office. By law, the President is required to act in accordance with the committee’s recommendations.
However, if the petition does not disclose a prima facie case, it will be dismissed by the President.
Precedent
In 2021, a similar petition seeking the removal of then Chief Justice Kwasi Anin Yeboah was dismissed after the President consulted the Council of State. This petition, filed by the Alliance for Social Equity and Public Accountability, was determined not to meet the prima facie threshold.
Legal Definition
The term “prima facie” means “on its face” or “at first impression.” In legal contexts, it refers to evidence that appears plausible but is subject to counter-evidence or a pre-trial phase where it is determined whether the petitioner has a sufficiently credible case to proceed to trial.
