Renowned private legal practitioner Martin Kpebu has once again emphasized the need for comprehensive constitutional reforms to bolster the independence of Ghana’s judiciary, especially in light of the recent controversial removal of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo.
Speaking on Channel One TV on Monday, September 1, Mr. Kpebu sharply criticised Article 144 of the 1992 Constitution, which gives the President the authority to appoint the Chief Justice. He described the provision as a structural weakness that exposes the judiciary to political influence.
“To safeguard judicial independence, we have long advocated for change. Since last year, when her letter to Akufo-Addo became public, we have been pressing this matter,” Kpebu said.
“In the Constitution, we do not want the President to be the one to appoint Chief Justices under Article 144. We want that provision removed.”
Kpebu also called for a clearer legal framework to deal with judicial misconduct, warning that the lack of clear distinctions between minor and serious infractions could lead to disproportionate disciplinary actions.
“One of the things we must do is categorise misconduct — to distinguish between serious offences and minor ones,” he explained.
“Without such categorisation, there is the danger that trivial issues may be treated with the same severity as grave breaches, leading to disproportionate consequences such as removal from office.”
The removal of Chief Justice Torkornoo — following findings by a five-member committee of “stated misbehaviour” under Article 146 — has sparked sharp reactions across political and legal circles. Critics argue the process, while constitutionally backed, could set a dangerous precedent if left unchecked.
While the presidency has maintained that the action followed due process, voices like Kpebu’s are amplifying growing concerns about executive overreach and the politicisation of Ghana’s judicial system.
His call aligns with broader advocacy for constitutional amendments to safeguard the separation of powers, enhance transparency, and build long-term trust in public institutions.
