Current constitutional processes for removing Chief Justice unfair - Sophia Akuffo

Former Chief Justice Sophia Abena Boafoa Akuffo believes the current process for suspending and removing the Chief Justice is unfair. She wants this process reviewed under Article 146 of the 1992 Constitution.

Justice Akuffo has suggested changes to the Eight-Member Constitutional Review Committee set up by the President. She wants to make the removal process more stringent.

She also proposed that any Chief Justice found guilty of misconduct should have the right to appeal. Currently, there is no provision for an appeal against the committee’s ruling.

Justice Akuffo shared these ideas during a meeting with the Constitutional Review Committee on April 30 in Accra. The meeting was chaired by Professor H. Kwasi Prempeh and organized by the Institute of Economic Affairs (IEA).

The committee is engaging with prominent figures to gather insights on reviewing parts of the 1992 Constitution.

Justice Akuffo cited Kenya's judicial system as a model. In Kenya, a Judiciary Commission investigates misconduct cases involving their Chief Justice without presidential involvement.

She recommended establishing an independent body to investigate cases against the Chief Justice instead of using a committee appointed by the President.

Article 146(6) states that if there is a petition for removal, the President will appoint a committee. This committee includes two Supreme Court Justices and three other individuals who are not politicians or lawyers.

Clause 7 requires this committee to recommend whether or not to remove the Chief Justice based on their inquiry.

Clause 8 ensures that all proceedings are private, allowing the accused Justice to defend themselves with legal representation if desired.

According to Clause 9, the President must follow this committee's recommendations in each case.

Clause 10(a) allows for suspension of the Chief Justice if referred by this committee and advised by the Council of State.

Other notable figures at Wednesday's meeting included Sam Okudzeto and Professor Aaron Mike Oquaye. They proposed various constitutional amendments related to natural resource governance and local elections among other topics.