Professor Stephen Kwaku Asare, a Ghanaian citizen, has petitioned President Nana Akufo-Addo to remove Her Ladyship Justice Gertrude Sackey Torkonoo as Chief Justice (CJ). Professor Asare accused Justice Torkonoo of actions amounting to misbehaviour and incompetence.
In a petition dated 17 December, he invoked Article 146(1) of the 1992 Constitution of Ghana, stating:
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 under Article 125(4) of the Constitution.
Professor Asare referenced several instances, including the Chief Justice’s controversial letter to the President, dated 30 May 2024, requesting the appointment of five new justices to the Supreme Court. He argued that this request violated constitutional provisions:
The Chief Justice’s request for the appointment of the aforementioned judges to the Supreme Court was done in brazen violation of the constitutional rules for the appointment of Justices of the Supreme Court, amounted to abuse of her office, and was done without fair and/or reasonable criteria.
He further alleged that this request showcased the Chief Justice’s incompetence:
The Chief Justice’s request for the appointment of the aforementioned judges to the Supreme Court also points to her incompetence as Chief Justice of the Republic of Ghana, as she is completely ignorant of or utterly disregards the constitutional and administrative rules which deal with such matters.
Professor Asare also raised concerns about Justice Torkonoo’s alleged interference with duly constituted judicial panels and the transfer of justices:
There have been reported incidences of the Chief Justice’s direct interference with duly constituted panels with no explanations or public interest reasons for so doing. We consider the reconstitution of panels to be beyond the Chief Justice’s administrative power and amounting to a direct interference with the impartiality and independence of duly constituted judicial panels.
He made specific reference to the reconstitution of the panel hearing the trial of Dr Stephen Kwabena Opuni, the former Chief Executive Officer (CEO) of Ghana COCOBOD among several others. According to the petitioner, these actions compromised judicial independence, judicial integrity, and the right to a fair trial.
Read full details of the petition below.
Source:
www.pulse.com.gh
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