CJ removal can’t be halted over Article 146 flaws – Martin Kpebu

Private legal practitioner Martin Kpebu discussed the removal proceedings against Chief Justice Gertrude Araba Esaaba Sackey Torkornoo. He spoke on Channel One TV's The Point of View on May 28. Kpebu acknowledged flaws in Article 146 of Ghana’s Constitution. This article outlines how to remove a Chief Justice or other judges.

However, he believes these flaws do not justify halting the proceedings against Justice Torkornoo. “The truth is that it is not only 146 that needs improvement,” Kpebu stated. He noted many laws in Ghana require similar attention.

Kpebu compared this situation to outdated bail laws and limited house arrest provisions. He highlighted broader issues within the legal system. “Currently, our laws don’t allow for widespread house arrests,” he explained.

He pointed out that house arrests are rarely used unless a prominent person is involved. “People own multiple houses, yet they are sent to cells,” he added.

Kpebu emphasized that while Article 146 has challenges, it should not delay the current proceedings against Torkornoo. His comments followed Majority Leader Mahama Ayariga's announcement about new rules for removing justices.

On May 27, Ayariga addressed Parliament after its recess. He outlined the government's legislative priorities under the Mahama administration. He stressed the importance of judicial independence and accountability within a fair framework.

Ayariaga mentioned that legal reforms would introduce detailed procedures for removing judges from superior courts. These changes aim to address gaps in the current legal framework and reduce confusion in high-profile cases.