President John Dramani Mahama has expressed disappointment over the circulation of a letter from Chief Justice Gertrude Torkornoo on social media before he had the chance to review its contents.

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The Chief Justice had formally written to the President requesting copies of the petitions submitted for her removal from office. In her letter, dated March 27, 2025, she asked for at least seven days to respond before any Committee of Inquiry was constituted to probe the matter.

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“I am by this letter humbly and respectfully asking His Excellency the President and eminent members of the Council of State to forward the petition against me to me, and allow me at least seven days after receipt of same, to provide my response to you, which response can then form part of the material that you conduct the consultations anticipated under 146(6) before the possible setting up of a Committee of Inquiry under Article 146(7),” Justice Torkornoo stated.

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Her request followed President Mahama’s decision to forward three petitions calling for her removal to the Council of State for further action. However, the Chief Justice later noted that she had yet to receive copies of the petitions despite their submission to the Council of State two days prior.

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Responding to the Chief Justice’s concerns, the Executive Secretary to the President, Calistus Mahama, outlined the sequence of events leading up to the transmission of the petitions.

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“His Excellency has received three petitions from three individuals requesting your removal as Chief Justice. Two are dated 14th February 2025, and the third is dated 17th March 2025. Copies of the three petitions are attached,” he wrote.

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He further detailed that on March 24, 2025, the President forwarded the petitions to the Chairman of the Council of State, notifying them of his intention to send the documents to the Chief Justice for preliminary comments or a response.

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“On 27th March 2025, His Excellency received responses from the Chairman of the Council of State consenting to this request. Copies of these letters are also attached,” the Executive Secretary added.

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However, the President’s concern was primarily focused on the premature circulation of the Chief Justice’s letter in the public domain.

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“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 letter was reportedly shared as an attachment to another letter you wrote to the President of the Supreme Court, the President of the Association of Magistrates and Judges, and the President of the Ghana Bar Association,” Calistus Mahama stated in his response.

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Citing legal precedent, the Executive Secretary further noted that confidentiality was essential to proceedings under Article 146.

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“Upon receipt of the petitions, His Excellency was advised that per Frank Agyei Twum v Attorney General and Bright Akwetey [2005-2006] SCGLR 732, the confidentiality attached to proceedings under Article 146 also extends to documents and other relevant material employed in the proceedings.”

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President Mahama has assured the Chief Justice of due process in handling the petitions and is expected to proceed with consultations before any further action is taken.

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