CJ’s Removal Petitions: Prempeh Expresses Concern About Secrecy of Article 146

Accra: Professor Henry Kwasi Prempeh, Executive Director of the Ghana Centre for Democratic Development, has expressed concerns about the secrecy surrounding Article 146 of the 1992 Constitution concerning the Chief Justice's removal petitions. According to Ghana News Agency, Prof Prempeh, who also serves as the Chairman of the Constitution Review Committee, has highlighted at least two significant issues with the current form of Article 146. His primary concern revolves around the lack of transparency in the removal petition process. He insists that even if the removal proceedings are conducted privately, the findings and outcomes, along with the grounds and supporting evidence of the petition, should be made public post-proceedings, regardless of the petition's success or failure. Prof Prempeh believes this transparency is crucial for public understanding and ensuring justice is perceived to be served. Prof Prempeh's second concern addresses the composition of the five-person removal committee for a Chief Justice's petition. He argues against including any sitting judges in the committee, as they may have personal stakes in the outcome. Instead, he suggests employing retired jurists or career public servants, preferably appointed by a specialized Committee of the Council of State. He further recommends that the three non-lawyer members of the committee be selected through a more politically neutral process, distancing the President from the process, except for implementing the final decision. Prof Prempeh emphasizes that a more independent committee is vital to maintaining the integrity and impartiality of the judicial removal process, ensuring that the President's role is limited to enforcing the committee's final decision.