Supreme Court judges removal legislation will define "misbehaviour" and "incompetence" – Mahama Ayariga

The government plans to create a new law. This law will define how to remove Supreme Court judges. It will clarify terms like "incompetence" and "stated misbehaviour." These terms have been unclear for a long time.

Mahama Ayariga, the Majority Leader in Parliament, shared this news. He spoke about it earlier this week. The goal is to address confusion in the judicial disciplinary process. The new framework aims to improve transparency and accountability in the judiciary.

Mr. Ayariga discussed recent controversies over removing judges. This includes the current process involving the Chief Justice. He noted that public interest and debate have increased around these issues.

He mentioned that both legal professionals and the public have expressed opinions. Many have pointed out the vague language currently used in these matters. “Lawyers and jurists have had their bite,” he said.

Mr. Ayariga has searched for definitions of "stated misbehaviour" and "incompetence." However, he found no clear meanings in the Constitution or any statutes.

He explained that the Constitution allows a five-member committee to make decisions on these terms. “The Constitution simply says that five people should take a decision,” he stated.

He also highlighted issues with the committee's structure. Not all members can be lawyers; two must be Supreme Court judges, while three should be ordinary citizens.

“The Constitution leaves it in their hands,” he added regarding definitions of misbehaviour and incompetence.

Some people believe legislation is needed for clarification, which Mr. Ayariga agrees could help. However, he noted that constitutional framers may have intended broad definitions for flexibility.

“The framers knew exactly what they were doing,” he said about their choices.

Finally, Mr. Ayariga mentioned that everyone is waiting for a proposal from the Ministry of Justice. “Let’s see what it is that the Justice Ministry thinks,” he concluded.