Private legal practitioner Martin Kpebu has renewed calls for constitutional reforms to reinforce judicial independence in Ghana following the dismissal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
Mr. Kpebu criticised the extensive powers granted to the President under Article 144 of the 1992 Constitution, which gives the executive authority to appoint the Chief Justice.
“To truly protect judicial independence, we have been pushing for change. Since last year, when her letter to then-President Akufo-Addo surfaced, we have been consistent in calling for reforms,” he said on Accra-based Channel One TV.
He added, “We do not want the President to appoint Chief Justices under Article 144. That clause should be taken out.”
According to him, reducing presidential control over the appointment process is crucial to insulating the judiciary from political pressure and preserving its neutrality.
He also called for clearer guidelines on how to handle allegations of judicial misconduct.
“One reform we need is categorisation — setting apart what counts as a serious offence and what should be treated as minor,” he explained. “Without that, small infractions may be punished as though they were major violations, which could unfairly result in removals from office.”
Chief Justice Torkornoo’s removal followed petitions submitted to President John Mahama alleging misconduct. In line with constitutional provisions, the President referred the petition to the Council of State and subsequently set up a committee to investigate the claims.
After the committee’s report was completed, President Mahama adopted the recommendation, which paved the way for her dismissal.
While critics have argued that the process could set a troubling precedent, the Presidency has maintained that due process was followed at every stage.
The development has, however, sparked intense debate about the separation of powers and the need to review constitutional provisions that grant sweeping authority to the executive in judicial matters.
Mr. Kpebu’s remarks add further weight to ongoing discussions about reforming Ghana’s governance framework to ensure stronger institutional independence.
Source: Adomonline
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