The Council of State is nearing the conclusion of its prima facie consultation regarding the petition for the removal of Chief Justice Gertrude Torkornoo. This development follows the submission of the Chief Justice’s responses to the President, which was made within the 10-day window granted to her.
According to sources, the Council of State has begun its consultations, as mandated by Article 146(6) of the 1992 Constitution, to determine whether a prima facie case exists in the three petitions against the Chief Justice. If a prima facie case is established, the Council is expected to recommend the constitution of a committee to investigate the allegations.
The law governing the removal of the Chief Justice, as enshrined in Article 146 of the Constitution, states that the President may suspend the Chief Justice, acting in accordance with the advice of the Council of State, if a petition has been referred to a committee.
Some legal luminaries, including Lawyer Ansa Asare, former Director of the Ghana Law School, have called for the Chief Justice to be suspended if a prima facie case is established.
Meanwhile, the Supreme Court is set to hear a suit filed by Old Tafo MP Vincent Ekow Assafuah, challenging the legality of the President’s decision to initiate the removal process without first notifying the Chief Justice.
The outcome of the Council of State’s consultations and the Supreme Court’s hearing will be crucial in determining the fate of the Chief Justice.
