Presidents must be kept out of removal processes — Prof HK Prempeh

Chairman of the Constitutional Review Committee, Professor H. Kwasi Prempeh, has argued that the President should not be involved in the process of removing heads of independent institutions, except to implement the final decision.

He said the current procedure under Article 146 of the 1992 Constitution gives the President too much control, which could compromise the fairness and independence of the process.

“Better to keep a President out of the removal process, except to implement, after the fact, the final outcome of the process as determined by an independent removal committee,” he stated in a social media post on Tuesday, April 23.

His comments come in the wake of President John Dramani Mahama’s suspension of the Chief Justice, Her Ladyship Gertrude Esaaba Torkonoo, pending the outcome of a five-member committee inquiry into three petitions seeking her removal.

Professor Prempeh said such processes must be seen as fair and must inspire public trust, which requires a more independent and politically inclusive structure.

He suggested that the three non-lawyer members of the removal committee be selected through a neutral and diverse process, rather than being appointed by the President in consultation with the Council of State.

He also recommended that in cases involving a Chief Justice, no sitting judge—particularly from the Supreme Court—should be part of the inquiry committee to avoid conflicts of interest.

“Where the removal petition pertains to a Chief Justice, no sitting judge should be included in the five-person removal committee that is constituted to hear the petition,” he said.

The constitutional expert further called for greater transparency in the handling of removal petitions, stressing that the public must be informed of the reasons behind the success or failure of such petitions.