President Akufo-Addo has received a petition asking for the removal of Chief Justice Gertrude Torkonoo from office. The petition, filed by Professor Kwaku Asare on on December 17, accuses Justice Torkonoo of misconduct, incompetence, and violating the constitution and administrative laws.
The petitioner; also known as ' Professor Kwaku Azar', believes that these alleged actions undermine the credibility and integrity of Ghana's judiciary. He argue that removing the Chief Justice is necessary to maintain public trust in the Ghana's judicial system.
According to Article 146 of Ghana's constitution, a Chief Justice can only be removed from office for stated misbehavior, incompetence, or inability to perform their duties due to physical or mental infirmity.
The removal process of a Chief Justice in Ghana comes with the following processes:
Investigation
1. The President receives a petition seeking the removal of the Chief Justice.
2. The President refers the petition to a committee, which will investigate the complaints.
3. The committee is composed of:
*. Two Justices of the Supreme Court, one of whom shall be appointed chairman by the President.
*. Three other persons who are not members of the Council of State, nor members of Parliament, nor lawyers, and who shall be appointed by the President in consultation with the Council of State.
4. The committee will investigate the complaints and gather evidence to support or refute the allegations.
Recommendations
1. After completing the investigation, the committee will make recommendations to the President.
2. The recommendations will be based on the evidence gathered during the investigation.
3. The committee's recommendations will be forwarded to the President, who will then decide whether to remove the Chief Justice.
Suspension
1. The President may suspend the Chief Justice pending the investigation's outcome.
2. The suspension will be done in accordance with the advice of the Council of State.
3. The suspension is a temporary measure to prevent the Chief Justice from interfering with the investigation or causing further harm to the judiciary.
Fairness and Accountability
1. The removal process is designed to ensure fairness and accountability.
2. The investigation and recommendations are done by an independent committee to prevent bias and impartiality.
3. The President's decision to remove the Chief Justice is based on the recommendations of the committee and the evidence gathered during the investigation.
4. The process ensures that the removal of a Chief Justice is done in accordance with the law and the constitution.
This processes ensures that the removal of a Chief Justice is done fairly and in accordance with the law.
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