Article 146 Committee Submits Recommendation on First Petition Against Chief Justice Torkornoo
The Chairman of the Article 146 Committee of Inquiry into petitions for the removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo has formally submitted the committee’s recommendation on the first petition to President John Dramani Mahama.
Speaking at the presentation ceremony, the Committee Chairman Justice Gabriel Scott Pwamang, Justice of the Supreme Court outlined the extensive process undertaken since the committee began its work on May 15th, 2025.
“Mr President, in March this year, you received three petitions pursuant to Article 146 of the 1992 Constitution for the removal of Chief Justice Gertrude A. E. Sackey Torkornoo, and the public was made aware of this fact,” the Chairman stated during his address to President Mahama.
The Chairman emphasized that proper constitutional procedures were followed throughout the inquiry. “The subsequent processes, as dictated by the Constitution and the decisions of our Supreme Court, were followed, culminating in the establishment of our committee under Article 146, Clause 6 of the Constitution.”
The committee’s work involved substantial evidence gathering and testimony. “Without disclosing the substance of the proceedings, and since in camera proceedings is not the same as in secret, we can state that in respect of the first petition, we received evidence by Mr Daniel Ofori, the first petitioner, through thirteen witnesses,” the Chairman revealed.
He further noted that “the Chief Justice in her defence also called twelve witnesses including expert witnesses as she is entitled to do under the Constitution. The Chief Justice testified personally at the inquiry and was cross examined.”
The scope of evidence was considerable, with “about 10,000 pages of documentary exhibits from both sides” and “four lawyers that represented the first petitioner and four lawyers represented the Chief Justice.”
The Chairman stressed the committee’s commitment to impartiality throughout the process. “After critical and dispassionate examination and assessment of all the evidence including the expert evidence against the provisions of the Constitution and the relevant laws, we have, without fear or favour, arrived at a recommendation on the first petition.”
Despite public interest and commentary, the committee maintained its focus. “There has been considerable interest in our work shown through comments and opinions by Ghanaians and international observers as well. However, the committee restrained itself all along from reacting even when blatant false statements made about members of the committee and our work.”
The Chairman clarified the committee’s role under the Constitution: “To the committee, our mandate and remit as set out under Article 146 Clauses (7) and (8) of the Constitution is clear and it is to inquire into the petitions in camera, hear the person against whom the petitions have been brought in her defence by herself or by a lawyer or other expert of her choice and then to make a recommendation to the President.”
While the first petition has been concluded, work continues on the remaining cases. “The second petitioner as well as the Chief Justice pleaded with the committee that the second petition which would have been next to be inquired into be adjourned and we acceded to their requests,” the Chairman explained.
“Accordingly, we shall be reporting on the second and third petitions in due time,” he concluded.
The Chairman noted that while all three petitions seek the same relief, “each petition is distinct and would succeed or fail on its individual strengths and weaknesses.”
The committee’s recommendation on the first petition has now been formally handed over to President Mahama for his consideration under the constitutional process.
The proceedings represent a significant constitutional process in Ghana’s judicial system, with the committee emphasizing adherence to proper legal procedures throughout their inquiry.
Source: Kessben FM Accra/Kobby
