President John Mahama has expressed disappointment over the premature leak of a letter from Chief Justice Gertrude Torkornoo, which surfaced on social media before he had the opportunity to review it.
The President’s concerns were outlined in an official letter signed by Callistus Mahama, Secretary to the President.
According to the statement, the Chief Justice’s letter, dated March 27, 2025, was widely circulated online before it was officially received by the President.
"His Excellency, however, notes with disappointment that your letter of 27th March 2025 addressed to him was circulating on social media even before he could review its contents."
The statement further indicated that the letter was allegedly shared as an attachment to another document sent to the President of the Supreme Court, the President of the Association of Magistrates and Judges, and the President of the Ghana Bar Association.
Confidentiality Concerns and Official Response
In response to the leak, the Office of the President has decided to mark each page of the attached documents as ‘restricted’ to emphasize the importance of confidentiality in official correspondence.
The letter was issued in relation to petitions seeking Justice Torkornoo’s removal from office, with President Mahama granting her 10 days to submit a preliminary response. However, the premature circulation of the document has raised concerns regarding judicial protocol and transparency.
Legal Framework for the Removal of a Chief Justice
The procedure for removing a Chief Justice is outlined in Article 146 of the Constitution. It specifies that a Justice of the Superior Court or a Chairman of a Regional Tribunal can only be removed due to misconduct, incompetence, or an inability to perform their duties due to health reasons.
For the Chief Justice’s removal, the President, in consultation with the Council of State, must establish a committee consisting of two Supreme Court Justices—one of whom serves as chairman—and three individuals who are neither members of the Council of State, Parliament, nor legal professionals. This committee is responsible for investigating the petition and making recommendations.
All proceedings under this article are held in camera, and the individual in question has the right to a defense, either personally or through legal representation. Ultimately, the President must act in accordance with the committee’s recommendations.
As the situation unfolds, the Ghanaian legal and political landscape remains attentive to the developments surrounding this matter.
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