Akufo-Addo throws out Kweku Azar’s petition asking for removal of Chief Justice Gertrude Torkornoo
A petition filed by constitutional lawyer and Professor of accounting, Professor Stephen Kwaku Asare, commonly known as Kweku Azar, asking for the removal of the Chief Justice, Justice Gertrude Araba Sackey Torkornoo from office on grounds of incompetence has been dismissed by the presidency.
President Nana Addo Dankwa Akufo-Addo through his Director of Communications announced on Monday night [Jan 6, 2025] the petition lacks merit.
In the 19-page petition submited to Office of the President, the petitioner had alleged that the Chief Justice, Justice Torkonoo had made some unpardonable offences which should not go unpunished.
Prof Asare, currently domiciled in the United States of America cited misconduct on the part of the CJ as one of the basis he is asking for the removal of the CJ from office.
The private legal practitioner, who is a reformist enumerated a number of cases of incompetence against the CJ, including the transfer of judges sitting on what he said were high profile cases, and allegation of reconstitution of Supreme Court panels to substantiate his case.
Prof. Asare said his petition was grounded in Article 146 of the 1992 Constitution which provides the basis for the removal of the CJ.
His petition ended up in the media domain and was published by several media outlets
The first step in the removal of a Chief Justice from office begins with a petition to a sitting President in accordance with the 1992 Constitution.
One of the reasons President Akufo-Addo cited for dismissing the petition that, “the President feels constrained to observe that, contrary to constitutional provisions, the petition was prematurely circulated in the public domain, in breach of Article 146(8) of the Constitution, which mandates that proceedings of this nature be held in camera to protect the integrity of the Judiciary. Such a violation undermines the solemnity of the process and the principles enshrined in the Constitution to safeguard judicial independence.”
Again the presidency indicated that, the petition was submitted without supporting evidence or documentation to substantiate its claims.
It said “the allegations, including claims of panel reconstitution, issuance of practice directions, and purported constitutional breaches by the Chief Justice, were found to be unsupported by evidence. The petitioner failed to demonstrate any factual basis or provide credible documentation to substantiate these claims.”
“Second, the processes and practices cited by the petitioner, such as the Chief Justice’s administrative responsibilities under the Courts Act, were found to be consistent with the law and established practices,” it added.
Attached below is a copy of the statement from the presidency dismissing the petition:
PRESIDENT AKUFO-ADDO DISMISSES PETITION AGAINST CHIEF JUSTICE
The Office of the President wishes to inform the general public that, after a thorough and careful review of the petition for the removal of the Chief Justice, Justice Gertrude Sackey Torkornoo, the President of the Republic, Nana Addo Dankwa Akufo-Addo, in consultation with the Council of State, has concluded that the petition does not disclose a prima facie case warranting further action.
The petition was submitted by Professor Stephen Kwaku Asare, citing allegations of misbehaviour and incompetence against the Chief Justice.
Upon review, the President observed several deficiencies in the petition. The principal ones were:
First, the petition was submitted without supporting evidence or documentation to substantiate its claims. The allegations, including claims of panel reconstitution, issuance of practice directions, and purported constitutional breaches by the Chief Justice, were found to be unsupported by evidence. The petitioner failed to demonstrate any factual basis or provide credible documentation to substantiate these claims.
Second, the processes and practices cited by the petitioner, such as the Chief Justice’s administrative responsibilities under the Courts Act, were found to be consistent with the law and established practices.
The President feels constrained to observe that, contrary to constitutional provisions, the petition was prematurely circulated in the public domain, in breach of Article 146(8) of the Constitution, which mandates that proceedings of this nature be held in camera to protect the integrity of the Judiciary. Such a violation undermines the solemnity of the process and the principles enshrined in the Constitution to safeguard judicial independence.
The President is unhappy to observe that such a violation should have been occasioned by a lawyerBased on these findings and observations, and in alignment with the recommendations of the Council of State, the petition is deemed frivolous, vexatious and unmeritorious.
President Akufo-Addo reaffirms his unallayed commitment to the independence and integrity of the judiciary, which remains a cornerstone of Ghana’s democracy.
The Office of the President cautions against attempts to undermine judicial independence through baseless
allegations, and emphasizes the importance of adhering to constitutional provisions in addressing grievances.
Eugene Arhin
Director of Communications
Office of the President