By Ashiadey Dotse
Private legal practitioner Martin Kpebu says that although there are problems with Article 146 of Ghana’s Constitution, it should still be used in the case of suspended Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
Speaking on Channel One TV’s ‘The Point of View’ on Wednesday, May 28, Mr Kpebu admitted that Article 146—which guides how a Chief Justice or other top judges can be removed—has its weaknesses. However, he argued that these issues are not enough reason to halt the current proceedings against Justice Torkornoo.
“It’s not just Article 146 that has problems. Many of our laws need to be improved,” he said.
Mr Kpebu also pointed out that Ghana’s legal system is outdated in many areas. He cited the example of how house arrest is rarely used unless high-profile individuals are involved. “Now people own many houses, yet we still insist on putting everyone in a cell,” he said.
He stressed that even though Article 146 needs to be updated, the law should still be followed while reforms are being considered. “We cannot say that because CJ Torkornoo is involved, we should stop and fix the law first,” he added.
His remarks come after Majority Leader Mahama Ayariga announced that the government plans to introduce new rules to guide how judges, including the Chief Justice, can be removed from office.
Mr Ayariga told Parliament on Tuesday, May 27, that the new laws will aim to protect judicial independence while also ensuring that judges can be held accountable in a clear and fair manner.
The proposed reforms will include step-by-step procedures for removing judges of the Supreme Court and other senior judges, to avoid confusion and legal disputes like those seen in recent high-profile cases.
