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Chief Justice, Her Ladyship Gertrude Araba Esaaba Sackey Torkonoo, has formally written to President John Mahama and the Council of State, requesting copies of the three petitions seeking her removal.
In a letter dated 27th March, the Chief Justice stated that she is yet to receive copies of the petitions to enable her to respond in accordance with due process under Article 146(1) and the right to a fair trial.
Her request follows a statement signed by the Minister of Government Communications, Felix Kwakye Ofosu, on 26th March, confirming that the President had forwarded the petitions to the Council of State to commence the consultation process as mandated by Article 146 of the 1992 Constitution.
However, Justice Torkonoo emphasised the need for adherence to due process, stating:
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As you are aware, when a petition for the removal of a Superior Court Judge under Article 146(1) is forwarded to the Chief Justice, the first requirement of due process is for the Chief Justice to bring the petition to the attention of the accused Judge and obtain their response.
Her letter further explained:
It is the combination of the evidence in the petition and the response of the Judge that guides the Chief Justice, as the sole enquirer under Article 146(3), in determining whether a prima facie case has been established to warrant the formation of an investigative committee comprising three Justices and two eminent citizens, as stipulated under Article 146(4).
The Chief Justice, therefore, requested the petitions to enable her to respond within seven days:
I am, by this letter, humbly and respectfully requesting His Excellency the President and the eminent members of the Council of State to forward the petitions against me, and allow me at least seven days from receipt of the documents to provide my response. This response should form part of the materials for the consultations anticipated under Article 146(6) before any possible establishment of a Committee of Inquiry under Article 146(7).
This latest development follows a lawsuit filed against the President by the Member of Parliament (MP) for Old Tafo, Vincent Ekow Assafuah, represented by the immediate past Attorney General, Godfred Yeboah Dame.
The MP is seeking a declaration from the court that:
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The President must notify the Chief Justice and obtain her comments before referring a removal petition to the Council of State, as required by Articles 146(1), (2), (4), (6), and (7), along with Articles 23, 57(3), and 296 of the Constitution.