Former Ghana Bar Association (GBA) President, Sam Okudzeto, has criticised the decision to publicise petitions seeking the removal of Chief Justice Gertrude Torkono.
According to him, such matters should remain confidential until a prima facie case has been established.
Speaking on Joy FM’s Top Story on Thursday, March 27, Mr. Okudzeto, who also served on the Council of State, argued that revealing such petitions prematurely is a flawed approach.
“This should not have been publicised. When I was on the Council, we considered it wrong for a petition of this nature to be made public upon submission to the President and its subsequent forwarding to the Council of State. Publicity should only follow if the Council and the President determine that a prima facie case exists. I believe this is the wrong approach,” he stated.
His remarks follow President Mahama’s consultation with the Council of State after receiving three petitions calling for the Chief Justice’s removal.
The Minister for Government Communications, Felix Kwakye Ofosu, confirmed that the petitions have been submitted to the Council of State in accordance with Article 146 of the 1992 Constitution.
Meanwhile, two lawsuits have been filed at the Supreme Court challenging the process being used to handle the petitions.
Additionally, the Chief Justice has formally written to the President and other relevant stakeholders, requesting copies of the petitions seeking her removal.
When asked whether the President and the Council of State would be acting unlawfully by proceeding without the Chief Justice’s response, Mr. Okudzeto stressed that the issue goes beyond legal considerations.
“It’s not just about the law; it’s also about simple common sense. On what basis can the Council of State and the President proceed without input from the accused person? They need her response to make an informed decision,” he explained.
