Professor H. Kwasi Prempeh, Executive Director of the Ghana Center for Democratic Development (CDD-Ghana), has voiced significant concerns regarding the current process for removing justices from the superior courts. His remarks come in the wake of the recent suspension of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, prompting calls for greater transparency and institutional reform.
Prof. Prempeh criticized Article 146 of the 1992 Constitution, which details the procedure for removing superior court justices, including the Chief Justice. He expressed two main issues with the article’s existing framework.
“First is the secrecy or lack of transparency concerning the removal petition,” he stated. “Even if the proceedings must be held in camera, the findings and outcomes, including the grounds and supporting evidence, should be made public afterwards.”
He emphasized that public confidence in the judiciary relies heavily on transparency and accountability. “The public deserves to know why a removal petition succeeded or failed,” he added. “For the sake of justice, the grounds and evidence supporting the committee’s decision should be disclosed, allowing the public to judge whether justice was served.”
Prof. Prempeh also raised concerns over the composition of the five-member committee assigned to investigate removal petitions, particularly involving the Chief Justice. “In cases pertaining to a Chief Justice, no sitting judge should be part of the committee,” he argued. “Judicial peers should not preside over a removal petition involving their colleague or ‘boss,’ as they may have a vested interest in the outcome.”
He suggested using retired jurists or career public servants to mitigate potential conflicts of interest and advocated for a more politically inclusive and impartial method of selecting committee members. “It is preferable to exclude the President from the removal process, allowing them only to implement the final outcome determined by an independent committee,” he remarked.
Background: CJ Suspension
Chief Justice Gertrude Torkornoo was suspended by President John Dramani Mahama on April 22, 2025, after a prima facie case was established based on three separate petitions seeking her removal. This suspension was conducted in accordance with Article 146(6) of the Constitution, following consultations 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, but concerns persist among legal experts, civil society, and the public due to the lack of transparency regarding the nature of the petitions and the evidence presented.
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