Petition for Chief Justice Removal: Ofosu Kwakye Says President Mahama Lacks Authority to Evaluate Case
The Minister for Government Communications, Mr. Felix Ofosu Kwakye, stated that under the Constitution, President John Dramani Mahama lacks the authority to evaluate a petition for the removal of Chief Justice Gertrude Sackey Torkornoo.
In a recent interview on Joy FM on Wednesday, March 26, 2025, Mr. Ofosu Kwakye clarified that the President’s role in such matters is limited to following procedural guidelines. He confirmed that the petition was submitted by three individuals but chose not to disclose their names or the specifics of the petition.
“The rules do not allow me or anyone else in the government to reveal any details at this stage,” he explained. “Only when the President, in consultation with the Council of State, determines that there is sufficient reason to form a committee to investigate, will further details become available.”
Mr. Ofosu Kwakye dismissed allegations that the process is politically motivated, emphasizing that the Constitution lays out a clear procedure designed to safeguard the independence of public officials, including judges.
He pointed out that the Constitution recognizes the possibility of public officeholders facing removal requests due to perceived or alleged misconduct. “It’s not the case that the President immediately acts to remove someone upon receiving a petition. In fact, the President does not have that power,” he noted.
If the Council of State recommends that the petition move forward, a committee will be established in accordance with Article 146 of the Constitution. This committee must include at least two justices of the Supreme Court, highlighting the seriousness and independence of the process.
Addressing concerns about transparency, he assured that the procedure is rooted in constitutional principles designed to ensure fairness, even if all details are not disclosed initially.
In response to criticism from the opposition New Patriotic Party (NPP), Mr. Ofosu Kwakye remarked that previous administrations had handled similar situations without facing objections from the same critics. “The NPP is in no position to lecture the government on this issue, considering their own past actions,” he said.
Additionally, Mr. Charles, a member of the government delegation involved in related constitutional matters, has participated in internal briefings but has not made any public comments. The government has not provided a timeline for when the Council of State is expected to complete its review.
Mr. Ofosu Kwakye indicated that the timing is entirely up to the Council, and the President will act based on their recommendations.
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