Chief Justice removal petition: President Mahama has no power to assess case – Ofosu Kwakye
The Minister for Government Communications, Mr Felix Ofosu Kwakye, says President John Dramani Mahama has no authority under the Constitution to assess the merit of a petition seeking the removal of Chief Justice Gertrude Sackey Torkornoo.
In an interview on Joy FM on Wednesday, 26 March 2025, Mr Ofosu Kwakye explained that the President’s role in such matters is strictly procedural.
He said the President’s responsibility is to forward the petition to the Council of State and act based on the advice he receives.
“First of all, the president does not need to make any form of determination in terms of merit. He is merely a conveyor belt, and it is his duty to consult the Council of State and make a decision as to whether or not to move the process forward,” he stated.
Mr Ofosu Kwakye confirmed that the petition was brought by three individuals but declined to provide their names or the content of the petition.
“The rules do not permit me or anyone else in government at this stage to disclose any details of the petition,” he said. “It is at the point where a determination is made by the president, in consultation with the Council of State, that there is a basis to set up a committee to look into it, that such details can emerge.”
Mr Ofosu Kwakye dismissed claims that the process is politically motivated, noting that the Constitution outlines a detailed procedure meant to protect the independence of officeholders, including judges.
“To begin with, the Constitution itself anticipates that public officeholders, including the president, can become the subject of demands for removal based on perceived or alleged wrongdoing. It is not the case that once the petition is submitted, the president proceeds to remove anybody. In fact, the president does not have the power to do so,” he said.
He added that if the Council of State advises that the petition should proceed, a committee will be set up in accordance with Article 146 of the Constitution.
That committee must include at least two justices of the Supreme Court, which, according to Mr Ofosu Kwakye, underscores the independence and seriousness of the process.
Addressing concerns about transparency, he said the process remains grounded in constitutional provisions designed to ensure fairness, even if not all details are made public at the outset.
Responding to criticism from the opposition New Patriotic Party (NPP), Mr Ofosu Kwakye said past administrations had handled similar matters without objections from the same critics.
“The NPP is in no position to offer any lectures to government on this matter, given the very things that they did,” he remarked.
Mr Charles, a member of the government delegation handling related constitutional matters, is also said to have been involved in internal briefings, although he did not speak publicly.
The government has not provided a timeline for when the Council of State is expected to conclude its review.
According to Mr Ofosu Kwakye, the timing is entirely at the discretion of the Council, and the President will act based on their advice.
