CRC proposes 10-year term or 70 years retirement age for Chief Justice

The Constitutional Review Committee has recommended sweeping changes to how Ghana’s top judges are appointed, retained and removed, including a fixed single term for the Chief Justice.

Outlining its proposals at the Jubilee House on Monday, 22 December, the Committee said it wants the Chief Justice limited to a one-off, non-renewable 10-year term, or retirement at age 70 – whichever comes first.

Under the plan, a Chief Justice who completes the 10-year term before turning 70 would step down from the leadership role but may remain on the bench as an ordinary Justice of the Supreme Court, while retaining the full benefits attached to the office.

For the rest of the Superior Courts, the Committee recommends that Justices should continue to serve until retirement, death or resignation.

The proposed mandatory retirement ages are:

70 years for Justices of the Supreme Court and Court of Appeal

65 years for High Court judges

These changes, the Committee says, are meant to preserve security of tenure for judges while clarifying the leadership cycle at the apex court.

Beyond tenure, the Committee has set out a single set of grounds for removing any Justice of the Superior Courts, including the Chief Justice.

These would be:

Mental or physical incapacity

Incompetence

Gross misconduct

Breach of the judicial code of conduct

Bankruptcy

The aim is to ensure consistency, predictability and fairness across the judiciary.

For the Chief Justice, the Committee proposes a multi-stage, largely confidential process:

Petition to the Council of State

Any aggrieved person may file a petition with the Council of State seeking the Chief Justice’s removal.

Prima facie assessment within seven days

Within seven days of receiving the petition, the Council must refer it to its judicial committee to decide whether a prima facie case has been made.

If no case is disclosed, the petition is dismissed.

If sufficient grounds are found, the Council must notify the President and the Speaker of Parliament.

Possible suspension

Once notified, the President may suspend the Chief Justice pending the outcome of formal inquiries.

Five-member tribunal to investigate

The Council of State would then set up a five-member tribunal made up of:

A non-lawyer appointed by the President

A former Member of Parliament appointed by the Speaker

A representative of the Public Service Commission

A nominee of the National House of Chiefs

A former Justice of the Supreme Court appointed by the Judicial Council, who would chair the tribunal

In-camera hearings and strict timelines

Proceedings would be held in camera (behind closed doors).

The tribunal would be required to complete its work and submit its findings within 60 days.

The Committee says these reforms are designed to reinforce judicial independence while enhancing accountability, by clarifying how long senior judges may serve and how they may lawfully be removed from office.