The Majority Leader Mahama Ayariga has announced 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.
His comments come amid ongoing proceedings involving the suspended Chief Justice, Justice Gertrude Araba Esaaba Torkornoo, who is currently facing potential removal from office following allegations of misconduct.
The case has reignited national debate over the lack of procedural clarity and safeguards in the constitutional provisions governing the removal of high-ranking judicial officers.
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 emphasized 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.
“The Attorney General will also introduce several subsidiary legislation, including the Corporate Insolvency and Restructuring Regulations, Court of Appeal Rules, Economic and Organised Crime Office (Operations) Regulations, Economic and Organised Crime Office (Terms and Conditions of Service) Regulations, High Court (Civil Procedure) (Amendment) Rules, Interpretation Regulations, Judicial Service (Terms and Conditions of Service) Regulations, Legal Aid Commission Regulations, Supreme Court Rules and, very significantly, Removal from Office of Justices of the Supreme Court Rules,” Ayariga stated.
He stressed that the proposed rules would bring much-needed clarity to the process and eliminate the ambiguities that have plagued recent removal attempts.
“President John Dramani Mahama is determined to fast-track legislative reforms to strengthen our institutions of governance and further entrench our democracy,” he added.
“The president is committed to legislative clarity with transparency when it comes to the constitutional mechanics of the removal of justices of the superior courts.”
Background: The Suspension of Chief Justice Torkornoo
Chief Justice Gertrude Torkornoo was suspended on April 22 after a petition was filed alleging misconduct related to administrative decisions and judicial bias.
A committee was subsequently constituted to investigate the claims. Though she has denied the allegations, her suspension has stirred significant public discourse over the fairness and legality of the removal process for top judges.
Critics argue that the existing framework under Article 146 of the Constitution lacks sufficient procedural detail and leaves room for political interference.
The pending case has exposed these vulnerabilities, prompting calls from legal experts, civil society groups, and international observers for legal reform.
If passed, the new rules proposed by the Mahama administration could become the most significant overhaul of judicial accountability mechanisms since the 1992 Constitution came into force.
