Martin Kpebu: Flaws in Article 146 No Grounds to Halt Chief Justice Torkornoo’s Removal Process
ACCRA | May 29, 2025 — Renowned private legal practitioner Martin Kpebu has stated that while Article 146 of Ghana’s Constitution—which outlines the process for removing justices of the superior courts—contains procedural inefficiencies, it does not justify suspending the ongoing removal proceedings against suspended Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
Speaking on Channel One TV’s The Point of View on Wednesday, May 28, Kpebu acknowledged that legal reforms are overdue, particularly in areas like judicial accountability and outdated criminal law provisions, but insisted that ongoing constitutional processes must proceed regardless of their imperfections.
“The truth of the matter is that it is not only 146 that needs more efficiency pumped into it. There are a lot of other laws that need same,” Kpebu stated.
He referenced the archaic bail regulations and lack of widespread house arrest options in Ghana’s legal system as broader examples of inefficiencies that have persisted without bringing legal enforcement to a standstill.
“Currently our laws don’t make provision for house arrests massively. Once in a while when a big man in society is involved, then you kind of see some house arrests… So 146 has its challenges, but we can’t say CJ Torkornoo is going through it so we should stop and amend the law before we come back,” he added.
His remarks come in the wake of heightened national attention on the removal proceedings involving Chief Justice Torkornoo, who is currently suspended and fighting an injunction case before the Supreme Court, seeking to halt the work of the committee probing her conduct.
Kpebu’s statement also follows an announcement by Majority Leader Mahama Ayariga, who revealed that the Mahama-led government is preparing to introduce comprehensive reforms to clarify and strengthen the legal framework governing the removal of judges, particularly at the Supreme Court level.
Addressing Parliament on Tuesday, May 27, Ayariga emphasized the government’s intent to uphold judicial independence while ensuring judges are held accountable through a fair, consistent, and transparent process.
The proposed legislative reforms are expected to establish clear and detailed procedures for judicial removals, aiming to resolve ambiguities in Article 146 that have contributed to confusion and legal wrangling in high-profile cases, such as the one involving Chief Justice Torkornoo.
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