Government to Introduce Clear Rules for Removing Superior Court Justices — Ayariga
Accra | May 27, 2025 — Majority Leader Mahama Ayariga has announced that the Mahama administration will soon introduce a detailed legal framework to guide the removal of justices of Ghana’s superior courts, including the Chief Justice.
The move comes as Chief Justice Gertrude Araba Esaaba Torkornoo remains suspended amid ongoing proceedings following allegations of misconduct — a case that has ignited national debate over the ambiguities in Ghana’s constitutional removal process.
Major Legislative Overhaul in Motion
Speaking on the floor of Parliament during its first sitting after recess on Tuesday, May 27, Ayariga highlighted the government’s legislative priorities, stressing the need for judicial independence alongside accountability.
“President John Dramani Mahama is determined to fast-track legislative reforms to strengthen our institutions of governance and further entrench our democracy,” he said.
The proposed reforms will introduce comprehensive procedures for removing Supreme Court and other superior court judges, aiming to fill the procedural gaps in Article 146 of the Constitution.
Key Legislative Proposals
According to Ayariga, the Attorney General’s office will soon present a package of subsidiary legislation, including:
- Removal from Office of Justices of the Supreme Court Rules
- Court of Appeal Rules
- Supreme Court Rules
- Judicial Service (Terms and Conditions of Service) Regulations
- High Court (Civil Procedure) (Amendment) Rules
- Corporate Insolvency and Restructuring Regulations
- Economic and Organised Crime Office (Operations) and Service Conditions
- Legal Aid Commission Regulations
- Interpretation Regulations
These reforms are designed to bring clarity, minimize political interference, and ensure that judges are held accountable within a transparent legal structure.
“The president is committed to legislative clarity with transparency when it comes to the constitutional mechanics of the removal of justices of the superior courts,” Ayariga added.
Background: Controversy Over Chief Justice Suspension
Chief Justice Gertrude Torkornoo was suspended on April 22, 2025, following a petition that accused her of judicial bias and administrative misconduct. A committee is currently investigating the matter, and she has vehemently denied all allegations.
The suspension has drawn criticism from various quarters, including civil society organisations, legal experts, and international observers, who argue that the current constitutional framework is too vague, thus vulnerable to manipulation and legal disputes.
If passed, these new measures could represent the most sweeping judicial accountability reforms since the enactment of the 1992 Constitution, potentially transforming how top judges are held accountable in Ghana.
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