Accra, March 27, 2025 – Legal luminary Samuel Awuku Okudzeto has criticized the decision to publicize petitions seeking the removal of Chief Justice (CJ) Gertrude Araba Esaaba Sackey Torkonoo, calling it a “wrong approach.”
Speaking on JoyFM, Mr. Okudzeto emphasized that due process requires a prima facie case to be established before such matters are made public.
Background of the Controversy
🔹 Three citizens have petitioned President John Dramani Mahama to remove the Chief Justice for reasons that remain undisclosed.
🔹 The President, in accordance with Article 146 of the 1992 Constitution, has forwarded the petitions to the Council of State for review.
🔹 Two individuals, including MP Vincent Assafuah, have challenged the process, arguing that the CJ should have received the petitions first before they were submitted to the Council.
Chief Justice Requests Copies of Petitions
In a letter dated March 27, 2025, Chief Justice Torkonoo has formally requested copies of the petitions to allow her to respond within seven days.
She stated:
“I am by this letter humbly and respectfully asking His Excellency the President and eminent members of the Council of State to forward the petitions against me to me, and allow me at least seven days after receipt of same, to provide my response to you, which response can then form part of the material that you conduct the consultations anticipated under 146 (6), before the possible setting up of a Committee of Inquiry under Article 146 (7).”
Sam Okudzeto’s Legal Concerns
⚖️ Mr. Okudzeto, a former Council of State member, argues that publicizing the petitions prematurely violates established practice.
⚖️ He insists the Chief Justice’s input is necessary for a fair and informed decision.
⚖️ He questioned:
“On what basis can the Council of State and the President proceed without input from the accused person? They need her response to make an informed decision.”
Next Steps
The Council of State is expected to review the petitions and advise the President on the next course of action. Meanwhile, legal experts continue to debate the procedural fairness of the unfolding events.
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