Justice Ackaah-Boafo calls for legal clarity on ‘stated misbehavior’ in Judges’ removal process

Supreme Court nominee Justice Kwaku Tawiah Ackaah-Boafo has called for comprehensive reforms to clarify what constitutes “stated misbehavior” under Article 146 of Ghana’s 1992 Constitution, urging the development of a Constitutional Instrument (C.I) to define the legal threshold for removing judges from office.

Appearing before Parliament’s Appointments Committee on Friday, July 20, Justice Ackaah-Boafo made a compelling case for regulatory clarity on a constitutional provision that has long been the subject of legal ambiguity and controversy.

Responding to a question on whether the term should be legally defined, he said:

“I think at this stage at this moment Article 146 has become a topical issue. Maybe it's high time we have a C.I or regulations so some of these things can be properly defined and everybody will know the parameters of what these are.”

Article 146 provides the framework for removing judges of the Superior Courts on grounds such as “stated misbehavior” or incompetence. However, the vague nature of the language has led to inconsistent interpretations, leaving much to the discretion of the President, Judicial Council, and review committees.

Justice Ackaah-Boafo’s call aligns with growing public concern about judicial accountability and demands for a more transparent and predictable system for disciplining judges.

His remarks come at a critical time, as President John Dramani Mahama’s seven Supreme Court nominees are undergoing final vetting. Justice Ackaah-Boafo is the last of the nominees to appear before the committee, and his comments underscore a broader push for institutional reform within Ghana’s judiciary.

Observers say formalizing definitions and processes under Article 146 would help protect judicial independence while upholding standards of integrity on the bench.