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President John Dramani Mahama has exercised his constitutional authority to remove the Chief Justice of Ghana, Her Ladyship Gertrude Araba Esaaba Sackey Torkornoo, from office with immediate effect.
The decision, announced in an official statement from the Office of the President on Monday (1 September), follows the findings of a parliamentary committee that investigated allegations of misconduct against the head of the judiciary.
The move is triggered by a petition submitted to the President by a Ghanaian citizen, Mr. Daniel Ofori. In accordance with Article 146(6) of the 1992 Constitution, President Mahama constituted a committee to thoroughly investigate the claims of “stated misbehaviour” levelled against the Chief Justice.
After a meticulous process of considering the petition and accompanying evidence, the committee concluded that the grounds for removal under Article 146(1) of the Constitution had been substantiated. The committee’s final report, which has been received by the President, contained a definitive recommendation for her removal from the high office.
“The President is required to act in accordance with the committee’s recommendation,” the statement signed by Felix Kwakye Ofosu (MP), Spokesperson to the President and Minister for Government Communications, clarified, citing the mandatory nature of Article 146(9).
This provision of the constitution leaves the President with no discretionary power once such a recommendation is made, making the removal a direct consequence of the committee’s findings.
The immediate effect of the removal sends shockwaves through the legal and political community, creating an unexpected vacancy at the very pinnacle of Ghana’s judicial system. It marks a rare instance of a sitting Chief Justice being removed from office through constitutional processes.
The specific details of Mr. Ofori’s petition and the nature of the “stated misbehaviour” that led to this drastic outcome have not been immediately disclosed to the public.
Read the attached press statement in full below:
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