Accra: The Constitutional Review Committee has put forward a proposal recommending a single, non-renewable 10-year term for the Chief Justice, with the term concluding either at the end of the decade or when the Chief Justice reaches the age of 70, whichever comes first. This proposal is aimed at streamlining the tenure processes within the judiciary.
According to Ghana News Agency, the Committee also suggested that upon retirement, the Chief Justice should receive full entitlements of the office and be eligible to continue serving as a Justice of the Supreme Court if their tenure ends before the age of 70. The recommendations extend to other Justices of the Superior Courts, proposing that they serve until retirement, death, or resignation, with mandatory retirement ages set at 70 for Supreme Court and Court of Appeal Justices, and 65 for High Court Justices.
The Committee further addressed the process for removing Justices of the Superior Courts, recommending uniform grounds for removal including mental or physical incapacity, incompetence, gross misconduct, violation of the judicial code of conduct, or bankruptcy. For the removal of the Chief Justice, the Committee proposed a process where an aggrieved individual could submit a confidential petition to the Council of State. The Council would then refer the petition to its Judicial Committee within seven days to assess its merit. If the petition is found to have sufficient grounds, the President and the Speaker of Parliament would be notified, and the President may suspend the Chief Justice pending an investigation by a five-member tribunal.
The tribunal, to be chaired by a former Justice of the Supreme Court, would conduct its hearings in camera and deliver its findings within 60 days. The composition of the tribunal would include individuals appointed by the President, Speaker of Parliament, Public Service Commission, National House of Chiefs, and Judicial Council.
For other Justices of the Superior Courts, a similar process is proposed, with the Council of State assessing petitions and appointing a tribunal to conduct in-camera hearings and report within 60 days if the petition meets the required threshold. The tribunal for these cases would include two former Superior Court judges and other appointed members from various bodies.
These recommendations aim to ensure transparency and accountability within the judiciary while maintaining the integrity of the judicial system.