President of the Ghana Bar Association (GBA), Efua Ghartey, has raised concern over the removal of Chief Justice Gertrude Torkornoo, describing the process as lacking fairness and transparency.
Speaking at the GBA’s Annual General Conference in Wa on September 15, Mrs. Ghartey acknowledged that Article 146 of the Constitution provides for the removal of justices, but argued that the absence of clear procedural rules created room for arbitrariness.
“The Bar recognises the fact that the power of removal can be exercised under Article 146. But the Bar’s major concern relates to the process. In the absence of specific rules of procedure, the sketchy process potentially turns into arbitrariness and a lack of fairness,” she said.
She called for immediate enactment of regulations to guide proceedings under Article 146, especially for cases involving superior court justices.
“These rules should have been known to all and sundry before the commencement of the process, It ends up being an unfortunate precedent which lacks fairness,” she added.
Mrs. Ghartey stressed that justice must be impartial and accessible to all.
“We all deserve justice, from the well-endowed in society to the less endowed, from those who dispense justice to those who receive justice,” she emphasized.
Chief Justice Torkornoo was removed from office on September 1, following a committee recommendation under Article 146(6) of the Constitution.
