Chairperson of the Constitutional Review Committee, Professor H. Kwesi Prempeh, is advocating for constitutional reforms that would strip the President of the power to appoint and remove the Chief Justice and other heads of independent constitutional bodies.
His call follows the President’s recent decision to suspend the Chief Justice, based on a petition and advice from the Council of State, a move that has ignited debate over the independence of Ghana’s judiciary.
Judicial autonomy and the integrity of the accountability process have become pressing concerns, particularly regarding how superior court justices are appointed and dismissed.
Speaking at the Africa Judicial Independence Fund (AJIF) Dialogue on Monday, July 7, 2025, Professor Prempeh argued that the current constitutional structure grants excessive power to the presidency.
“Should the President be removed from the process? Absolutely. Going forward, it’s unhealthy. You don’t tempt power like that. Our constitution presumes elected officials are angels, it’s too trusting. Whether it’s the President or Chief Justice, there are almost no restraints on power holders. In Ghana, when the law says ‘shall,’ it’s interpreted as absolute power. That needs to change,” he said.
He also noted that judges are frequently pulled into politically charged election disputes, putting their neutrality at risk and further highlighting the need for reform.
Professor Prempeh criticized the current practice of the Chief Justice chairing the Judicial Councils of the Supreme Court, Court of Appeal, and High Court, calling it unconstitutional and a threat to judicial checks and balances.
While championing independence, he stressed that accountability must remain central to judicial conduct.
“Judicial independence must come with judicial accountability. Judges aren’t elected, so they must be open to public scrutiny and criticism. If academics or the bar can’t critique them without fear of contempt, how do we hold them accountable? Power must come with humility and boundaries,” he said.
Professor Prempeh further revealed that Article 146 of the Constitution, which governs the removal of superior court justices, will be reviewed as part of the committee’s ongoing work.
“We have many submissions both written and in oral form on article 146. I think the consensus is that provision as a removal provision for independent constitutional office holders including judges is not sufficiently protective of their independence and therefore needs to be reviewed. So, yes I think it will be one of the provisions that I expect will garner enough votes on the committee for an amendment. Based on what I’ve seen so far, yes, I think Article 146 will have to be amended,” he stated.
