Prof. Stephen Kwaku Asare Petitions President Akufo-Addo for Chief Justice’s Removal
Ghana's judiciary has once again found itself at the center of intense scrutiny as prominent legal scholar and activist, Prof. Stephen Kwaku Asare, also known as Kweku Azar, petitions President Nana Akufo-Addo to initiate the removal of Chief Justice Gertrude Sackey Torkornoo. The petition, filed on December 17, 2024, alleges “stated misbehavior” and “incompetence” on the part of the Chief Justice, sparking public debate about the judiciary’s independence and accountability.
In his detailed petition, Prof. Asare raises two major concerns regarding Chief Justice Torkornoo’s conduct in her role as head of Ghana’s judiciary. First, he accuses her of unilaterally recommending judges for appointment to the Supreme Court without following the constitutionally mandated process. According to him, the Chief Justice's alleged bypassing of the Judicial Council not only undermines the council's role but also reduces the president's authority to a ceremonial endorsement of her preferred candidates. Prof. Asare argues that such actions violate the provisions of the 1992 Constitution, which entrusts the Judicial Council with advising the president on judicial appointments.
The second allegation outlined in the petition concerns the Chief Justice’s alleged interference with judicial panels. Prof. Asare contends that Chief Justice Torkornoo has been reconstituting judicial panels arbitrarily, without providing clear justifications. This, he argues, threatens the impartiality of the judiciary and creates a perception of bias, as judges could potentially be reassigned to suit particular outcomes. Such actions, if proven, would exceed her administrative authority and undermine the principles of judicial independence and fairness.
Prof. Asare’s petition emphasizes that the Chief Justice’s actions, taken together, reflect misbehavior and administrative incompetence, which warrant her removal from office. He urges President Akufo-Addo to invoke Article 146 of the Constitution to begin the formal process for determining whether the allegations are valid and whether her removal is justified. Article 146 provides the framework for investigating and removing justices of the Superior Courts on grounds of misconduct, incompetence, or inability to perform their functions.
The petition has reignited critical conversations about the transparency and accountability of Ghana’s judiciary. While the Chief Justice’s role carries immense authority, Prof. Asare’s claims raise questions about whether this power is being exercised within constitutional bounds. Legal experts and civil society groups are already weighing in, with some calling for a thorough, impartial investigation to determine the merit of the allegations. Others warn against hasty conclusions, urging caution in handling a matter that could have far-reaching implications for the judiciary’s reputation.
As this story unfolds, Ghanaians will closely monitor the President’s response and the subsequent constitutional processes, if any. The outcome of this petition has the potential to shape public trust in the judiciary and redefine its accountability mechanisms. Whether the Chief Justice’s actions amount to misbehavior or administrative oversight remains to be seen, but Prof. Asare’s petition has ensured that Ghana’s judicial processes will face renewed scrutiny in the coming weeks.
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