Justice Sophia Akuffo Calls for Stricter, Fairer Process in Chief Justice Removal

Justice Akuffo made her remarks during an engagement with the newly established Eight-Member Constitutional Review Committee, chaired by Professor H. Kwasi Prempeh, in Accra on Wednesday, April 30. The session, facilitated by the Institute of Economic Affairs (IEA), forms part of broader stakeholder consultations by the Committee to assess entrenched and non-entrenched provisions in the Constitution.

In her submission, Justice Akuffo argued that the current removal process — initiated by a petition and followed by a five-member committee appointed by the President — lacks sufficient independence and does not allow for appeals by the affected Chief Justice.

“The process is not only unfair but also overly influenced by the Executive,” she stated. “We need a more stringent and transparent system that ensures fairness and independence.”

She cited Kenya’s judiciary as a potential model, where a Judicial Service Commission composed of independent-minded professionals oversees allegations of misconduct against high-ranking judges, including the Chief Justice, without the direct involvement of the President.

Justice Akuffo further recommended that any Chief Justice found culpable by the investigative committee must be given the right to appeal, a safeguard currently absent under Ghana’s constitutional framework.

Article 146 of the 1992 Constitution outlines the steps for the removal of the Chief Justice, involving the President, the Council of State, and a specially constituted committee. However, the former Chief Justice believes this process lacks adequate checks and balances and could compromise judicial independence.

She proposed the establishment of an independent investigative body to handle prima facie misconduct cases involving the Chief Justice, thereby insulating the process from potential political interference.

Other notable personalities who appeared before the Committee on Wednesday included former Council of State member Sam Okudzeto and former Speaker of Parliament Professor Aaron Mike Oquaye. They presented varied proposals on natural resource governance, decentralization, ministerial appointments, and the relevance of the Council of State.