A private legal practitioner and member of the opposition National Democratic Congress (NDC), Nii Kpakpo Samoa Addo, has called for a sober, non-partisan reflection on the constitutional provision requiring removal proceedings of justices to be held behind closed doors.
Speaking on The Forum on Asaase Radio on Saturday (24 May), Addo urged the public and political actors to allow the process triggered by a petition against the Chief Justice Gertrude Torkornoo to run its legal course – without political pressure or sensationalism.
“This is not an easy process, especially when your client is a judge, and in this case, the Chief Justice herself,” he said. “You have to manage their psychology and expectations. That’s why I believe the framers had a reason for insisting on in-camera hearings”.
Article 146(8) of Ghana’s Constitution mandates that such proceedings be held privately. But the Chief Justice has requested an open hearing—a move that has ignited legal debate over whether the privacy clause is an individual right that can be waived, or a constitutional obligation that cannot be bypassed.
“This time, the person affected says she wants to waive that right. So the real question is: Is the in-camera clause a constitutional imposition or a waivable right? That’s for the court to determine,” Addo said.
Drawing from his own experience in the landmark Dery v Attorney General case, Addo recalled that the Supreme Court had ruled that while a breach of the in-camera rule is unconstitutional, it does not invalidate the proceedings.
Nonetheless, he warned against using the current petition to score political points.
“The court reaffirmed the process should not be truncated simply because someone breached the privacy rules. Let’s remove the politics and the name-calling. The integrity of the process must be preserved,” he stated.
The Supreme Court is yet to decide whether the Chief Justice’s request for a public hearing is constitutionally permissible. The outcome could redefine the boundaries between judicial accountability and constitutional protection.
