Ghana’s democracy at risk if CJ removal process is not reformed – Kpemka

Former Deputy Attorney General, Joseph Dindiok Kpemka, has warned that the removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo could signal the beginning of the end for Ghana’s democracy if urgent constitutional reforms are not undertaken.

Reacting to the news of the Chief Justice’s removal by President John Dramani Mahama, on Channel One TV’s Akwatia Watch programme on Monday, September 1, Kpemka said the current process, though constitutionally backed, exposes the judiciary to potential political manipulation, a risk he believes could seriously damage the country’s democratic foundations.

“That is my position because if we don’t [amend the Constitution], what has happened today will be the beginning of the death of our democracy,” he said.

President Mahama, acting under Article 146(9) of the 1992 Constitution, removed Justice Torkornoo following a recommendation from a committee established to investigate a citizen’s petition. The committee concluded that allegations of stated misbehaviour had been proven.

While the Presidency insists the process strictly followed constitutional requirements, Kpemka said it sets a worrying precedent.

“I am telling you it will be repeated. When a president from a different political party comes up, it will definitely be a process filed, however frivolous it is,” he warned. “The Council of State will determine that there is a prima facie case, the president will then form a committee, the committee will then bring the recommendation, and the CJ will be removed. That will be a danger.”

He also cautioned against comparing the Chief Justice’s removal to that of the Electoral Commission (EC) Chairperson, calling such comparisons misleading.

“When people make the mistake of comparing the removal of the EC boss to the removal of the CJ, it is most unfortunate. The EC boss does not head one of the three arms of government, and that equalisation is much ado about nothing.”

Kpemka expressed concern that both the offices of the Chief Justice and the EC Chairperson are becoming “political footballs,” which could undermine their independence and credibility.