GBA calls for rule of procedures in removal of Superior Court justices  

The Ghana Bar Association (GBA) has stressed the need for a clear “rule of procedures” to ensure fairness in the application of Article 146 of the 1992 Constitution, particularly in relation to the removal of Superior Court justices.

The Association noted that while the Constitution granted power for the removal of a CJ under Article 146, the absence of defined rules could lead to “arbitrariness and a lack of fairness” in the process.

“The Ghana Bar Association hereby also calls for the immediate enactment of clear and comprehensive Regulations relating to matters under Article 146 of the Constitution of the Republic of Ghana to ensure transparency, accountability, and fairness in all proceedings involving Superior Court justices, particularly in the context of the impeachment or removal of such officers,” Mrs. Efua Ghartey, President of the GBA, stated.

She made the call in Wa at the opening of the 2025 Annual Conference of the Association, held on the theme: “Sustaining the Fourth Republican Constitutional Democracy: The Role of the Judiciary and the Legal Profession.”

Mrs. Ghartey observed that Article 146 of the 1992 Constitution had come under severe scrutiny in recent times and, for the first time under the Fourth Republic, was invoked in the case of a Chief Justice.

Her call comes in the back of the recent removal of Her Ladyship Justice Gertrude Araba Sakey Esaba Torkornoo, a Chief Justice, from office by President John Dramani Mahama.

She said although a resolution had been passed and publicised, no rules had been set out for exercising power under Article 146.

“The lack of an enactment for such rules in the case of the removal of the 4th highest person in the nation should be a matter of concern to all of us,” she said.

On members' welfare, Mrs. Ghartey announced that progress in developing a robust scheme for members had commenced with a review of existing policies.

She also announced an ongoing process in the establishment of a 'Care Fund' to provide timely assistance in personal emergencies.

In a speech on his behalf, Justice Paul Baffoe-Bonnie, the Acting Chief Justice, raised concerns about illegal mining, describing it as a menace that wreaks havoc on the environment and water bodies, and displaces farmers.

He expressed worry that illegal mining had become endemic, worsening over the years despite efforts to curb it, and urged political leadership to adopt bold and far-reaching measures to end the practice.

Justice Baffoe-Bonnie also mentioned the increasing rate of substance abuse among young people with devastating consequences not only on individuals, but also on families, communities, and society.

He suggested increased youth education on the dangers of substance abuse, strengthening of support systems, and expansion of counselling and rehabilitation services to enable them overcome addiction.

GNA