Chief Justice Gertrude Sackey Torkornoo
Private legal practitioner, Martin Kpebu, has enjoined President John Dramani Mahama and the Council of State to independently explore legal insights in the determination of prima facie case regarding the removal of Chief Justice Gertrude Sackey Torkornoo.
Responding to what should be the next line of action to be taken by the president on the impeachment process during an interview on Joy News on April 7, 2025, Kpebu indicated that exploring legal advice by the Council of State in the determination of a prima facie case will lend credibility to the impeachment process.
“The CJ has responded to the petitions; So, what next? Now, the president is going to consider the petition in consultation with the Council of State. Meaning they will give him advice and once it’s good, he will take it.
“It is important to state that the Agyei Twum v Attorney General even noted that the Council of State should get an independent legal advice from a reputable lawyer. This is to ensure that the counsel coming from the Council of State itself is great advice. So, as the media, you should be probing to find out if the council will be getting an independent lawyer to guide them; because this will lend a lot of credibility to the matter,” he said.
Drawing inferences from the past, Kpebu, cited that former President Nana Addo Dankwah Akufo-Addo, in his treatment of a similar petition from Professor Stephen Asare, practiced same.
“When former President Akufo-Addo was handling the case of the petition by Prof Stephen Asare, also known, as Kwaku Azar, his lawyer, Sam Okudzeto, came out to say that he wrote the opinion presented by the former president.
“So, President John Mahama’s counsel will engage him to determine a prima facie case; that is to say that they will find out if the allegations made in the petition is weighty enough and that the Chief Justice’s response does not make nonsense of these allegations made in the petition. Then a prima facie case is established,” he said.
Kpebu went on to clarify that President Mahama would make considerations on the matter by viewing responses from the council, alongside the responses from the Chief Justice to ascertain the validity of the allegation before taking further action.
He noted that after careful consideration of Council of State’ responses, and the president feels that the allegations are weighty; then a prima facie case is established, per Article I 46 clause 7.
“The president can then proceed by suspending the Chief Justice or setting a committee to investigate the allegations,” he added.
Kpebu’s reaction follows the Chief Justice Torkonoo’s response to the impeachment petition against her removal.
Background
On March 25, 2025, President John Dramani Mahama began consultations with the Council of State following the submission of three petitions seeking the removal of Chief Justice Gertrude Sackey Torkornoo.
According to a statement from the Minister of State in charge of Government Communications, Felix Kwakye Ofosu, the three petitions were forwarded to the Council of State in accordance with the constitutional procedure outlined in Article 146 of the 1992 Constitution.
While the details of the petitions remain undisclosed, the development marks the beginning of a formal process that could potentially lead to significant changes within Ghana’s judicial system.
VPO/AE
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