Government to propose Constitutional Amendment on removal of Superior Court Justices – Majority Leader hints

The Majority Leader and Minister for Parliamentary Affairs, Mahama Ayariga, announced a government plan. This plan aims to introduce new guidelines for removing Justices of the Superior Courts. This includes the Chief Justice.

Ayariga spoke in Parliament on May 27. He opened the Second Meeting of the First Session of the Ninth Parliament. He mentioned that clearer rules will be established for removing judges from office.

He did not reveal specific provisions or legal frameworks yet. However, he noted that changes would require amending entrenched provisions of the 1992 Constitution. This process needs both parliamentary approval and a national referendum.

The Attorney General will also introduce several new regulations. These include Corporate Insolvency and Restructuring Regulations and Court of Appeal Rules. Other regulations involve Economic and Organised Crime Office operations and terms of service.

President John Dramani Mahama is focused on fast-tracking legislative reforms. He wants to strengthen governance institutions and enhance democracy.

Ayariga emphasized the importance of judicial independence for Ghana’s democracy. He also highlighted the need for accountability within the judiciary.

His comments come amid ongoing petitions against Chief Justice Gertrude Araba Esaaba Torkornoo. Three petitions are currently under review by a presidential committee formed by President Mahama.

These petitions allege administrative misconduct related to judicial appointments and case allocations. Legal experts have raised concerns about the current removal process under Article 146 of the Constitution.

Critics argue that this process lacks transparency and can be abused by political actors. Some constitutional scholars advocate for reforms to improve timelines and limit political interference.

Any changes to this removal process would require a constitutional amendment. The tenure and removal of Superior Court Justices are governed by entrenched clauses in Ghana’s 1992 Constitution.

Such provisions can only be changed through a national referendum after public consultations and support from two-thirds of MPs.

Several civil society organizations, including CDD-Ghana, urge the government to ensure reforms are participatory and transparent. They stress that any changes should align with international standards on judicial independence.