Chief Justice removal will be repeated by another president if process isn't reformed – Kpemka
Former Deputy Attorney General, Joseph Dindiok Kpemka, has cautioned that Ghana’s democracy could face grave danger if constitutional reforms are not urgently pursued following the removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
Speaking on Channel One TV on Monday, September 1, Kpemka described the decision by President John Dramani Mahama as constitutionally grounded but warned that it exposes the judiciary to future political manipulation.
“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, invoking Article 146(9) of the 1992 Constitution, dismissed Justice Torkornoo after a committee established to probe a citizen’s petition found her culpable of stated misbehaviour. The Presidency has defended the move, insisting the process complied fully with constitutional requirements.
But Kpemka argued that the decision could set a dangerous 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.”
The former Deputy Attorney General further rejected comparisons between the Chief Justice’s removal and that of the Electoral Commission Chairperson, describing such analogies as 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,” he stressed.
Kpemka expressed deep concern that both the judiciary and the Electoral Commission risk being reduced to “political footballs,” a situation he believes could erode their independence and weaken public confidence in two of the country’s most vital democratic institutions.