Kofi Bentil proposes ways to remove constitutionally protected officers without political influence

Kofi Bentil, a Vice President at IMANI Africa, has strong views on constitutional officers. He believes politicians should not be involved in their removal. Instead, those directly affected by these officers should decide if they should be removed.

Bentil stated that attempts to remove such officials were wrong in the past and remain wrong today. He shared his opinion on social media, emphasizing that politicians must stay out of these decisions.

He argues that the best judges of an officer's performance are those who work with them. For the Chief Justice, this includes lawyers and judges. While litigants may have biases based on case outcomes, lawyers and judges understand the quality of a judge’s work.

Bentil proposed a new process for handling removal petitions:

1. The president's office must establish a prima facie case or dismiss it.

2. If a prima facie case exists, Parliament should review it for consideration.

3. If Parliament approves, the judiciary and lawyers must vote on whether to remove the Chief Justice by simple majority.

This approach would keep politicians out of the process. It would also make removing a Chief Justice more challenging than it is now. Additionally, it would encourage the Chief Justice to be more accountable to judges and lawyers. Finally, it would prevent politicians from intimidating Chief Justices into compliance.