Ghana’s constitution makes Chief Justice ‘easy prey’ for political agendas – Alex Gyamfi

Private legal practitioner Alex Gyamfi has raised concerns about the constitutional provisions governing the removal of Ghana’s Chief Justice, warning that they leave the office dangerously exposed to political attacks.

Speaking on The Forum on Asaase Radio on Saturday (26 April), Gyamfi said Article 146 of the Constitution makes it “so easy” to remove the Chief Justice compared to Justices of the Superior Courts.

“I have problems with Article 146. Why is it so easy to remove the Chief Justice but it is too difficult to remove any of the Justices of the Superior Courts?” he asked.

“It makes the Chief Justice so vulnerable and anybody seeking political and campaign pledges could easily attack the Chief Justice, and this must be looked at again now that a Constitutional Review Committee [has been set up].”

Turning to the ongoing petition for the removal of the Chief Justice, Justice Gertrude Torkornoo, Gyamfi questioned suggestions that President John Mahama had acted commendably by forwarding the petition for the Chief Justice’s response.

He also pointed fingers at the government for publicising the issue.

“Did the President willingly give a copy of the petition to the Chief Justice? The Chief Justice demanded [it]. In the first place, who made the issue public? It is the same government which made it a public issue,” he remarked.

The petitions in question allege various breaches by Justice Torkornoo, including abuse of office and misconduct, though critics argue that the details of these accusations remain vague and politically motivated.

Gyamfi underscored the importance of respecting the legal process, adding: “We should let the due process be adhered to. We should let fairness apply.”

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