CDD-Ghana Boss Calls for Reform of Judicial Removal Process Following Suspension of Chief Justice
ACCRA — April 23, 2025 — The Executive Director of the Ghana Center for Democratic Development (CDD-Ghana), Professor H. Kwasi Prempeh, has raised serious concerns about Ghana’s constitutional procedures for removing justices from the superior courts, following the recent suspension of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
In a detailed critique posted on his Facebook page, Prof. Prempeh criticized the current framework under Article 146 of the 1992 Constitution, arguing that it lacks transparency and potentially undermines judicial independence.
“I have at least two problems with Article 146 in its present form,” he wrote.
His first concern centers on the secrecy surrounding petitions for removal. While acknowledging that some parts of the proceedings may justifiably be held in private, he stressed that the outcome, including the grounds, findings, and supporting evidence, must be made public, regardless of whether a petition is successful or not.
“The public must not be kept in the dark as to why a removal petition failed or succeeded,” Prof. Prempeh stated, emphasizing the importance of public trust in the judiciary.
His second concern focuses on the composition of the committee tasked with hearing removal petitions against the Chief Justice. He argued that no sitting judge should be part of such a committee, to avoid conflicts of interest.
Instead, he proposed the use of retired jurists or independent public servants, who would be appointed through a neutral process, possibly by a special committee of the Council of State, with minimal influence from the Executive.
Prof. Prempeh further suggested that the three non-lawyer members on the committee should be selected through a politically inclusive mechanism, rather than by the President—even with consultation.
“Better to keep a President out of the removal process, except to implement, after the fact, the final outcome,” he wrote.
His remarks come at a time when Ghana’s judicial system is under intense public scrutiny following the unprecedented suspension of the Chief Justice. The move has drawn both domestic and international attention, with legal and governance experts voicing fears of executive overreach.
Prof. Prempeh’s call adds to growing demands for comprehensive constitutional reforms to protect the independence and credibility of the judiciary.
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