Former Council of State member Dr. Nii Kotei Dzani has emphasized that President John Dramani Mahama has no direct role in the removal of Chief Justice Gertrude Torkornoo, stating that the process is governed strictly by the 1992 Constitution.
Speaking on Citi FM’s Eyewitness News on Wednesday, March 26, Dr. Dzani addressed concerns following the President’s decision to forward three petitions seeking the Chief Justice’s removal to the Council of State.
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“This is not the first time that the Council is receiving a petition to look into the removal of the Chief Justice. At every Council of State, we receive about two or three such petitions to remove the Chief Justice. But let me make it clear that the President has no technical role in removing the Chief Justice.”
He stressed that the President’s only duty in such cases is to act as a conduit for relaying petitions.
“The President relayed the petition to the Council of State. The President does not influence whether the Chief Justice is removed or not.”
Dr. Dzani also explained that the timing of the petition’s receipt determines how quickly the Council of State acts on it.
“At the receipt of the petition from the President by the Council of State, it depends on when the petition is received. When the Council of State is in session and the chairman puts it before the Council to look at it.”
If the Council of State is not in session, special measures are taken to ensure a timely review.
“If the Council is not in session, then the chairman will either immediately call for an emergency meeting. Because there is a limited time within which the Council can consider the petition.”
He further noted that a special committee could be set up to investigate the petition before making recommendations to the President.
“The Council can then form a special committee to look at it. Once the Council looks at it and establishes a case against the Chief Justice, then the Council of State will communicate the same to the President.
”
Background
The petitions seeking Chief Justice Torkornoo’s removal were recently referred to the Council of State by President Mahama in line with Article 146 of the 1992 Constitution.
A statement from Presidential Spokesperson Felix Kwakye Ofosu confirmed that the petitions had been received but did not disclose the allegations against the Chief Justice. The Council of State is now expected to advise the President on the next steps.
