Private legal practitioner, Martin Kpebu, has backed calls for the review of the 1992 Constitution to take away powers of the executive to appoint or remove chief justices.
He made this call while reacting to the petitions calling for the removal of Chief Justice Gertrude Sackey Torkornoo, in an interview on JoyNews.
He hinted that the embattled Chief Justice had raised similar concerns during her vetting.
“You remember during her (Chief Justice Gertrude Sackey Torkornoo) vetting, it was one of the issues she raised. She called for review of the law to wean presidents off their power to appoint or remove chief justices,” he said.
He added that former Chief Justice Sophia Akuffo, has expressed same sentiments too in the past.
“Former Chief Justice Sophia Akuffo has reiterated same that in the new constitution, the president must not be appointing the Chief Justice and justices of the Superior Court. We want true independence for the judiciary. So, I hope that kind of thinking that is already in most of us will influence the current petition that we have. So, as the president looks at this petition, in his mind, he should be looking at how to make the Judiciary independent," he added.
Quizzed on whether to make the Chief Justice step aside as the removal process unfolds, he said, “On paper, it doesn’t look progressive, because it means that the Judiciary is being made subservient to the Executive. That is how come we are all rooting for the change in the new constitution.
“But right now, we are saddled with this one. You see, the fact that the head of the Executive can remove the head of the Judiciary; a co-equal arm of government, does not speak well of the separation of powers spelt out in the constitution, but unfortunately, that is what we have now,” he stated.
Background
On March 25, 2025, President John Dramani Mahama began consultations with the Council of State following the submission of three petitions seeking the removal of Chief Justice Gertrude Sackey Torkornoo.
According to a statement from the Minister of State in charge of Government Communications, Felix Kwakye Ofosu, the three petitions were forwarded to the Council of State in accordance with the constitutional procedure outlined in Article 146 of the 1992 Constitution.
While the details of the petitions remain undisclosed, the development marks the beginning of a formal process that could potentially lead to significant changes within Ghana’s judicial system.
VPO/AE
Meanwhile, watch this captivating story of the Ghana's 100-year-old World War II veteran whose name is widely known in the Buckingham Palace, below: