Following President John Dramani Mahama’s removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo from office under Article 146 of the 1992 Constitution, several prominent individuals have voiced concerns and are advocating for an amendment of the Constitution.
They argue that the current provisions may not offer sufficient fairness or protection to the office of the Chief Justice.
As a result, revisiting and revising that section of the Constitution could serve the nation’s democratic and judicial interests more effectively.
FULL TEXT: Read leaked termination letter of Justice Torkornoo
Among those calling for a constitutional review are:
Martin Kpebu – Private Legal Practitioner
Kpebu has been vocal about the need to reform the judiciary, especially the powers granted to the President under Article 144 of the 1992 Constitution.
He argues that allowing the executive to appoint and remove the chief justices compromises judicial independence and opens the door to political influence.
Speaking on Channel One TV on Monday, September 1, Kpebu criticised the authority granted to the President under Article 144 of the 1992 Constitution, which empowers the executive to appoint the Chief Justice.
“To safeguard judicial independence, we have long advocated for change. Since last year, when her letter to former President Akufo-Addo became public, we have been pressing this matter,” he said.
“In the Constitution, we do not want the president to be the one to appoint chief justices under Article 144. We want that provision removed,” he added.
Prof Baffour Agyeman-Duah – Former UN Senior Governance Adviser
Professor Agyeman-Duah has urged the Constitutional Review Committee to revise the procedures for appointing and removing the Chief Justice.
He emphasised that the judiciary should be insulated from partisan politics and suggested that Ghana learns from Kenya’s independent judicial selection process.
Speaking on JoyNews on September 3, 2025, Prof Agyeman-Duah said that the appointing power must be taken away from the executive branch of government, specifically the president.
“The system of selecting or appointing our Chief Justice must be reviewed. It should be taken away from the executive. The president should not be appointing chief justices, especially if we are arguing on the basis of the balance of power,” he said.
“… I heard some NPP members (sic) also saying ‘when we come to power, the Chief Justice will be sacked’. Look at this. We’ve got to be serious with ourselves and I’m concerned about this. So, we must decide what must be done to curb such issues, especially since we have an already ongoing process to review the Constitution. We must think seriously about reviewing this aspect of the constitution to take away the power from the executive in the appointment of Chief Justices,” he added.
Justice Sophia Akuffo – Former Chief Justice
Justice Sophia Akuffo has also described the current process under Article 146 as unfair and recommended that any Chief Justice found culpable should have the right to appeal.
She also proposed that an independent body not the president should handle investigations into judicial misconduct.
The Member of the Council of State made the remarks in an interview on TV3 on Tuesday, September 2, 2025, stating that, “She did not get a fair trial. Even though it is not a trial strictly speaking, it was handled as though it were a treason trial.”
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Amanda Clinton – International and Constitutional Lawyer
Clinton has also raised four key constitutional concerns, including the risk of undermining the separation of powers and the need for clearer safeguards in the composition of Article 146 committees.
She warned that the removal sets a dangerous precedent for judicial independence
In an opinion piece cited by GhanaWeb, Clinton described the former Chief Justice’s removal as a slippery slope that could undermine the separation of powers, one of Ghana’s most fundamental democratic safeguards.
She noted that Torkornoo’s removal marks a defining moment in Ghana’s constitutional history, adding that “if it can happen once, it can happen again.”
“At the heart of Ghana’s constitutional framework is the doctrine of separation of powers. Under the 1992 Constitution, the President, the Speaker of Parliament, and the Chief Justice are co-equal in status as heads of the Executive, Legislature, and Judiciary respectively. Each is designed to be independent of the other, with checks and balances preserving the delicate equilibrium of our democracy,” she said.
VKB/VPO
