Manhyia South MP, Baffour Awuah, says the initial procedural error concerning the petition for the removal of Chief Justice (CJ) Gertrude Torkornoo originated from the Office of President John Mahama.

Speaking on JoyNews' Newsfile on Thursday, the MP claimed that the mishandling of the communique which came into the public domain, occurred within the presidential administration.

"My initial view in terms of the President's expression of disappointment with the Chief Justice's communication which was found in the public domain, I think that the initial error came from the President," he said.

"In terms of disappointment, I think that the greater portion should be placed at the doorstep of the presidency; it shouldn't have been so," he added.

He stressed that the Chief Justice, being the head of one of the three arms of government, must be given the needed respect and also, and he expressed his disappointment at how the issues surrounding the Chief Justice's removal are unfolding.

Background

The President has expressed disappointment over the letter from CJ, which was leaked on social media before he had the chance to review its contents.

The President’s concerns were highlighted in an official letter signed by Callistus Mahama, Secretary to the President.

This follows some three petitions received by the President to remove Justice Gertrude Torkornoo over alleged misconduct.

In response to the petitions, President Mahama has given Chief Justice Torkornoo 10 days to submit a preliminary response. The petitions were forwarded to the Council of State for consultation, as mandated by Article 146(6) of the 1992 Constitution.

The process has encountered legal challenges, with Old Tafo MP Vincent Assafuah filing an injunction application at the Supreme Court to halt the removal proceedings.

The Court is scheduled to hear the application on April 2, 2025. Additionally, Chief Justice Torkornoo has requested copies of the petitions to prepare her response, expressing concern over the premature circulation of her correspondence.

These developments underscore the complexity of the constitutional process outlined in Article 146, which governs the removal of justices of superior courts, including the Chief Justice.

The procedure involves consultations with the Council of State and the establishment of a committee to investigate the allegations and recommend appropriate action.