The Constitutional Review Committee (CRC) has proposed far-reaching reforms to the tenure and removal procedures for the Chief Justice and other Justices of the Superior Courts as part of its broader constitutional reform agenda.
The recommendations are outlined in the Committee’s final report, which was presented to President John Dramani Mahama on Monday, December 22.
A key proposal introduces a new tenure arrangement for the Chief Justice. The CRC recommends that the Chief Justice serve a single, non-renewable term of 10 years or retire at age 70, whichever comes first.
Under the proposal, a Chief Justice would retire with full benefits attached to the office. However, if the 10-year term expires before the individual reaches 70, the person may choose to continue serving as a Justice of the Supreme Court.
For other Justices of the Superior Courts, the Committee proposes tenure until retirement, resignation, or death. The mandatory retirement age would remain 70 for Supreme Court and Court of Appeal justices, while High Court judges would continue to retire at 65.
Beyond tenure, the CRC has recommended a harmonised and clearly defined process for the removal of Justices of the Superior Courts, including the Chief Justice. Grounds for removal would be standardised across the judiciary and include mental or physical incapacity, incompetence, gross misconduct, breach of the judicial code of conduct, or bankruptcy.
For the Chief Justice, the Committee proposes a layered and confidential removal procedure. A petition for removal may be submitted to the Council of State, which has seven days to refer it to its judicial committee to determine if a prima facie case exists.
If no sufficient grounds are found, the petition would be dismissed. If a prima facie case is established, the Council would notify the President and the Speaker of Parliament. The President may then suspend the Chief Justice pending further investigations.
The Council of State would subsequently constitute a five-member tribunal to examine the matter. The tribunal would comprise a non-lawyer appointed by the President, a former Member of Parliament nominated by the Speaker, a representative of the Public Service Commission, a nominee of the National House of Chiefs, and a former Supreme Court Justice appointed by the Judicial Council, who would serve as chair.
Tribunal proceedings would be held in camera, and the body would be required to submit its findings within 60 days.
According to the CRC, these reforms aim to strengthen judicial independence, enhance accountability, and introduce greater clarity and certainty into the governance of Ghana’s judiciary.
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