President John Dramani Mahama has issued a 10-day ultimatum to Chief Justice Gertrude Araba Esaaba Sackey Torkornoo to submit her preliminary response to three petitions calling for her removal from office.
In a letter signed by Dr. Callistus Mahama, Executive Secretary to the President, the Chief Justice was formally requested to provide her comments to facilitate further consultation between the President and the Council of State.
According to the letter, President Mahama received three separate petitions from individuals seeking the removal of the Chief Justice.
Two of these were dated February 14, 2025, while the third was dated March 17, 2025.
Copies of these petitions were attached to the President’s response to the Chief Justice’s request for the documents.
Council of state informed of petitions
Following the receipt of these petitions, the President wrote to the Chairman of the Council of State on March 24, 2025, to inform the Council and initiate the required consultation process under Article 146(6) of the Constitution. He indicated his intention to send the petitions to the Chief Justice for her preliminary comments.
On March 27, 2025, the President received a response from the Chairman of the Council of State, consenting to this course of action. Copies of these letters were included in the President’s response to the Chief Justice.
Confidentiality concerns
The letter further stated that, upon receiving the petitions, the President was advised that, per the ruling in Frank Agyei Twum v Attorney General and Bright Akwetey [2005-2006] SCGLR 732, the confidentiality of proceedings under Article 146 extends to documents and materials used in such proceedings.
However, the President expressed disappointment that a letter from the Chief Justice dated March 27, 2025, addressed to him, was circulating on social media before he had the opportunity to review its contents.
The letter reportedly accompanied another letter she had written to the President of the Supreme Court, the President of the Association of Magistrates and Judges, and the President of the Ghana Bar Association.
“Therefore, we are constrained to mark each page of the attachments to this letter ‘restricted,’” the President’s letter stated.
President assures due process will be followed
Despite these concerns, President Mahama reassured the Chief Justice that due process would be strictly followed in handling the matter. He emphasized that she would be given a full and fair opportunity to be heard.
As the nation awaits her response, this development raises critical questions about the future of the judiciary and the implications of the petitions filed against the Chief Justice.
