President John Dramani Mahama has, in accordance with Article 146(9) of the 1992 Structure, eliminated the Chief Justice, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo, from workplace with rapid impact.
This choice follows the submission of a report by the Committee constituted underneath Article 146(6) to inquire right into a petition offered by a Ghanaian citizen, Mr Daniel Ofori.
An announcement signed by the Minister of Authorities Communications, Felix Kwakye Ofosu, on Monday, 1 September, indicated that after cautious consideration of the petition and the proof, the Committee concluded that the grounds of acknowledged misbehaviour underneath Article 146(1) had been established. It due to this fact beneficial her removing from workplace.
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Underneath Article 146(9), the President is constitutionally obliged to behave in accordance with the Committee’s suggestion.
Chief Justice Torkornoo had earlier been suspended on Tuesday, 22 April, by President Mahama in keeping with Article 146(6) of the Structure, following session with the Council of State into the three (3) petitions searching for her removing.
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In accordance with constitutional necessities, the President established a five-member committee to analyze the petitions. The members included: Justice Gabriel Scott Pwamang, Justice of the Supreme Court docket (Chairman); Justice Samuel Kwame Adibu-Asiedu, Justice of the Supreme Court docket; Daniel Yaw Domelevo, Former Auditor-Common; Main Flora Bazwaanura Dalugo of the Ghana Armed Forces; and Professor James Sefah Dzisah, Affiliate Professor on the College of Ghana.
Earlier within the day, the committee offered its first report back to President Mahama at a quick ceremony on the Presidency. Delivering the report on behalf of the panel, Justice Gabriel Pwamang revealed that the hearings had been performed in digicam, in keeping with Article 146(7), and confused that the committee kept away from public commentary regardless of what he described as “blatant false statements made about members of the committee and our work.”
The primary petition, filed by Mr Ofori, noticed testimony from 13 witnesses for the petitioner, whereas the Chief Justice, who additionally gave proof and was cross-examined, offered 12 witnesses, together with professional testimony. The panel reviewed roughly 10,000 pages of documentary reveals, with all sides represented by 4 attorneys.
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Justice Pwamang famous:
After vital and dispassionate examination and evaluation of all of the proof, together with professional testimony, in opposition to the provisions of the Structure and the legal guidelines, we’ve, with out worry or favour, arrived at a suggestion on the primary petition.
He additional disclosed that each the second petitioner and the Chief Justice had requested an adjournment in respect of the second petition, which was granted by the committee.
Presidency assertion
