Private legal practitioner Martin Kpebu has argued that despite the inefficiencies in Article 146 of Ghana’s Constitution, it is not sufficient grounds to halt the ongoing removal proceedings against suspended Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
Speaking on Channel One TV’s The Point of View on Wednesday May 28, Kpebu acknowledged that Article 146— which outlines the process for removing a Chief Justice or other superior court judges—has its flaws.
However, he insisted that those shortcomings do not warrant suspending its use in the case of Justice Torkornoo.
“The truth of the matter is that it is not only 146 that needs more efficiency pumped into it. There are a lot of other laws that need same,” Kpebu stated.
He drew comparisons with outdated bail laws and the limited use of house arrest in Ghana’s legal system, highlighting broader systemic issues.
“Currently our laws don’t make provision for house arrests massively. Once in a while when a big man in society is involved, then you kind of see some house arrests. Now people own five, ten houses then you say no, he should go and lie in some cells,” he noted.
Applying the same logic to the current proceedings involving Justice Torkornoo, Kpebu stressed: “So 146 has its challenges but we can’t say CJ Torkornoo is going through it so we should stop and amend the law before we come back.”
His comments follows the Majority Leader Mahama Ayariga announcing that the government is preparing to introduce a comprehensive set of rules to govern the process for removing justices of Ghana’s superior courts, including the Chief Justice.
Addressing Parliament on Tuesday, May 27, during the first sitting after the House reconvened from recess, Ayariga outlined the Mahama administration’s legislative priorities.
He emphasised the government’s commitment to strengthening judicial independence while ensuring mechanisms exist to hold judges accountable within a fair and transparent framework.
According to Ayariga, the legal reforms will include the introduction of detailed procedures for the removal of judges of the Supreme Court and other superior courts.
These are intended to address gaps in the current constitutional and legal framework that have led to confusion and legal disputes in recent high-profile cases.
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