Legal luminary Samuel Awuku Okudzeto has said the decision to make the petitions seeking the removal of the Chief Justice (CJ) from office public is a “wrong approach.”
He says such decisions, before becoming public, should have had a prima facie case being established.
His comments stem from the controversies surrounding the processes being adopted for the potential removal of the Chief Justice from office.
Three citizens have petitioned President John Dramani Mahama to remove the Chief Justice, Gertrude Araba Esaaba Sackey Torkonoo, for reasons which are yet unknown to the public.
The President, in accordance with Article 146 of the 1992 Constitution, has forwarded the petitions to the Council of State for onward advice and next action.
The decision has been challenged by two citizens, including a Member of Parliament, Vincent Assafuah, who says the CJ should have been given copies of the petition to provide response before the onward submission of the petitions to the Council of State.
But according to the former member of the Council of State, making the petitions public at the early stages is not best practices.
“Let me emphasise that this should not have been publicised. When I was on the Council, we felt it was wrong for a petition of this nature to be made public when submitted to the President and forwarded to the Council of State.
“It is only when the Council and the President conclude that a prima facie case has been made that publicity should follow. I think this is a wrong approach,” Sam Okudzeto said on JoyFM Thursday, March 27, 2025.
The submission of the petitions to the Council of State was confirmed by the Minister for Government Communications, Felix Kwakye Ofosu, in line with Article 146 of the 1992 Constitution.
The Council of State is expected to review the petitions and provide guidance to the President on the appropriate course of action.
Aside from the two persons challenging the processes in court, the Chief Justice has also written to the President and other stakeholders asking for copies of the petitions.
In her letter to the President dated Thursday, March 27, Chief Justice Torkornoo requested a fair opportunity to respond to the allegations against her before further steps are taken.
“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),” she stated.
Mr. Okudzeto is insisting that proceeding with the procedure without input of the accused person would go beyond the law, saying Madam Torkonoo’s input is needed for the stakeholders to make informed decision.
“It’s not just about the law. It’s also about simple common sense. 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,” he explained.
President Mahama seeks Council of State’s advice on three petitions to remove Chief Justice
