Calls for Confidentiality in Chief Justice Petition Process
Legal Expert Sam Okudzeto Criticizes Premature Disclosure
Sam Okudzeto, a past President of the Ghana Bar Association and former Council of State member, has raised concerns over the premature disclosure of petitions seeking the removal of Chief Justice Gertrude Torkornoo.
Petition Process and Legal Concerns
Speaking on Joy FM‘s Top Story, Okudzeto emphasized that such petitions should remain confidential until a preliminary assessment determines their validity.
His remarks follow the submission of three separate petitions, which prompted former President John Mahama to initiate consultations with the Council of State. This process aligns with Article 146 of the 1992 Constitution, governing the removal of superior court judges.
Government’s Response and Legal Challenges
The Minister for Government Communications, Felix Kwakye Ofosu, confirmed that the petitions had been forwarded to the Council per constitutional provisions.
Meanwhile, two legal challenges have been filed at the Supreme Court of Ghana, questioning the procedural handling of the petitions. Additionally, the Chief Justice has formally written to the President requesting copies of the petitions and has extended the correspondence to relevant legal stakeholders.
Balancing Law and Ethics
When asked whether the President and the Council of State could proceed without first hearing from the Chief Justice, Okudzeto stressed that the issue is not just legal but also ethical.
“We must uphold judicial independence and follow due process,” he stated.
The Need for Institutional Trust
Legal analysts suggest that publicizing such petitions too early could undermine institutional trust. Ghana’s legal framework provides a clear judicial review process through established channels such as the Ghana Bar Association.
What’s Next?
As the nation watches closely, the legal fraternity urges patience and adherence to due process. The Supreme Court’s rulings on the ongoing legal challenges will be pivotal in shaping future interpretations of judicial removal procedures.