Legal practitioner Martin Luther Kpebu is calling for a review of Article 146, Clause 8 of the 1992 Constitution, which requires hearings on petitions against public officials to be conducted in-camera.
Kpebu believes the law, introduced over three decades ago, has served its purpose and should be reviewed to align with contemporary standards.
He asserts that, back then, it was uncommon for people to comment on the judiciary, unlike today, where people openly discuss and make commentaries on the judiciary’s work.
“For accountability purposes, this in-camera hearing has to go,” he stated emphatically whilst speaking on the BigIssue segment on TV3’s NewDay on Thursday, June 26, 2025.
“It’s not good for our democracy. We’ve grown. We’ve evolved and we are still evolving day-by-day. Right now it’s no longer good for us because we want accountability. So, if a Chief Justice is being held accountable we should see,” Kpebu explained further.
According to him, public hearings would serve as a guide for judges, as the knowledge that their actions would be subject to public scrutiny would influence their conduct.
He argues that, just as the public can witness matters concerning lawyers, issues involving judges should also be made public, given that both professions undergo similar legal training and shouldn’t be treated differently.
“The judges are first and foremost lawyers. They are our classmates. Every lawyer has a classmate who is a judge. So [we undergo] the same training. Then one goes to the bench one goes to be at the bar. There shouldn’t be that difference,” he added.
His call comes amid the suspended Chief Justice’s comments on the probe determining the validity of the petitions calling for her removal.
Justice Torkornoo’s suspension on April 22, 2025, followed three petitions alleging misconduct, which President John Mahama deemed sufficient to trigger an investigation under Article 146(6) of Ghana’s 1992 Constitution.
Following the petitions, a prima facie case was established, prompting the President to suspend the CJ pending investigation by a committee to determine the validity of the allegations.
However, Chief Justice Torkornoo, in an application to the Supreme Court, requested that the petition, typically held in-camera as Article 146 of the 1992 Constitution mandates, be made public. But the request was quashed in the apex court’s ruling.
At a press briefing Wednesday, June 25, 2025, Madam Torkornoo also alleged human rights violations and unconstitutional practices in the ongoing impeachment process.
‘Torkornoo’s press conference exceeded the boundary set in law’ – Kpebu
