Professor H. Kwasi Prempeh, the Executive Director of the Ghana Center for Democratic Development (CDD-Ghana), has expressed his concerns regarding the existing procedure for removing justices from the superior courts. He advocates for enhanced transparency and institutional reform, particularly following the recent suspension of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
In a pointed critique, Prof. Prempeh addressed Article 146 of the 1992 Constitution, which delineates the process for the removal of superior court justices, including the Chief Justice. He stated, ‘I have at least two issues with Article 146 in its current form. The first is the lack of transparency surrounding the removal petition.
Even if the proceedings must be conducted in private, I believe that, at the very least, the findings and outcomes of the proceedings, along with the reasons and supporting evidence for the removal petition, should be disclosed to the public afterward.’ He emphasized that public trust in the judiciary relies on transparency and accountability, asserting, ‘The public should not be left uninformed about the reasons behind the success or failure of a removal petition.
For the sake of justice, I contend that the grounds and evidence supporting the committee’s decision, regardless of the outcome, should be made public, allowing the public to assess whether justice has been served.’ Furthermore, Prof. Prempeh criticized the makeup of the five-member committee responsible for investigating removal petitions, particularly in cases involving the Chief Justice.
He remarked, ‘In instances where the removal petition concerns a Chief Justice, no sitting judge should be part of the five-member committee formed to hear the petition. None of the Chief Justice’s judicial colleagues should be involved in adjudicating a removal petition against their fellow judge or superior, as they may have a vested interest in the outcome.’
He suggested utilizing retired judges or experienced public officials to mitigate possible conflicts of interest and advocated for a more politically inclusive and impartial method for appointing committee members. He further stated, ‘It is preferable to exclude the President from the removal process, except for the implementation of the final decision made by an independent removal committee.
Background:
The suspension of Chief Justice Gertrude Torkornoo occurred on April 22, 2025, by President John Dramani Mahama, following the establishment of a prima facie case based on three distinct petitions for her removal.
This suspension was executed in accordance with Article 146(6) of the Constitution after the President consulted with the Council of State. Justice Paul Baffoe-Bonnie, the most senior Justice of the Supreme Court, has been appointed as Acting Chief Justice.
A five-member committee has been formed to investigate the allegations; however, the absence of public information regarding the specifics of the petitions and the evidence presented has raised concerns among legal professionals, civil society, and the general public.
