The Executive Director of the Ghana Center for Democratic Development (CDD-Ghana), Professor H. Kwasi Prempeh, has called for institutional reform and greater transparency in the process for removing justices of the superior courts, particularly in light of the recent suspension of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
In a critique of Article 146 of the 1992 Constitution, which governs the removal of superior court justices, Prof. Prempeh highlighted two major concerns.
“I have at least two problems with Article 146 in its present form,” he said. “First is the secrecy or lack of transparency concerning the removal petition. Even if the removal proceedings must be held in camera, I believe that, at the minimum, the findings and outcome of the proceedings, including the grounds and supporting evidence behind the removal petition, must be made public after the fact.”
He argued that public confidence in the judiciary hinges on access to information and accountability.
“The public must not be kept in the dark as to why a removal petition failed or succeeded”.
Prof. Prempeh also proposed keeping the President out of the removal process, except to implement the final outcome determined by an independent committee.
Chief Justice Gertrude Torkornoo was suspended by President John Dramani Mahama on April 22, 2025, following the establishment of a prima facie case based on three petitions seeking her removal.
The suspension, carried out in line with Article 146(6) and after consultation with the Council of State, has sparked widespread debate.
Meanwhile, Justice Paul Baffoe-Bonnie, the most senior Justice of the Supreme Court, has been appointed Acting Chief Justice.
