Current constitutional process for CJ removal 'unfair'-Sophia Akuffo

Former Chief Justice of Ghana, Justice Sophia Akuffo, has strongly advocated for urgent constitutional changes to bolster the fairness and integrity of the process by which a sitting Chief Justice can be removed from office.

Speaking before the Constitutional Review Committee in Accra on Wednesday, 30 April, Justice Akuffo described Article 146 of the 1992 Constitution—which governs the removal of superior court judges—as inadequate and potentially biased. She emphasized that the current mechanism undermines judicial independence and gives too much discretionary power to the executive arm of government.

The former Chief Justice urged the committee, which is chaired by constitutional law scholar Professor H. Kwasi Prempeh, to consider reforms that would make the process more transparent and impartial. She specifically recommended the establishment of an independent investigatory body with provisions for appeal, arguing that the current system—where the President, in consultation with the Council of State, appoints a five-member committee to probe such petitions—lacks balance and is devoid of checks and accountability.

Justice Akuffo pointed to Kenya’s Judicial Service Commission as a potential model. Unlike Ghana’s current structure, the Kenyan system entrusts a multi-stakeholder commission with the power to investigate and act on complaints against high-ranking judges without executive interference.

Under Ghana’s Article 146(6), the President is required to constitute a committee composed of two Supreme Court judges and three individuals who are not Members of Parliament, legal practitioners, or members of the Council of State. This committee’s conclusions are binding and not subject to appeal, with proceedings conducted in private—a structure Justice Akuffo believes must be reconsidered.

Her remarks were delivered during a public consultation hosted by the Institute of Economic Affairs (IEA), which is supporting the Constitutional Review Committee’s mandate to review entrenched and non-entrenched clauses in Ghana’s supreme law. The session brought together prominent national figures who have held significant constitutional roles, contributing their perspectives on necessary reforms.

Other dignitaries at the event included seasoned lawyer and former Council of State member Sam Okudzeto, and former Speaker of Parliament Professor Aaron Mike Oquaye. Both offered further recommendations on topics such as natural resource governance, the structure of local government elections, and the future role of the Council of State.

The review committee’s consultations come at a time of growing national conversation on constitutional reform, particularly around how to strengthen judicial independence while ensuring accountability within Ghana’s democratic framework.