The Constitutional Review Committee, led by Professor Henry Kwasi Prempeh, has proposed a new and clearly defined process for the removal of a Chief Justice.
The proposal aims to strengthen accountability while safeguarding the independence of the judiciary.
Under the recommendations presented to President John Mahama on Monday, December 22, any person aggrieved by the conduct of a Chief Justice may submit a confidential petition to the Council of State seeking the removal of the head of the judiciary.
Within seven days of receiving such a petition, the Council is required to refer it to its judicial committee to determine whether it establishes a prima facie case.
Where the committee finds the petition to be without merit, it would be dismissed. However, if sufficient grounds are established, the Council of State would formally notify the President and the Speaker of Parliament.
Following this notification, the President would have the power to suspend the Chief Justice pending further investigations.
The Committee further recommends that the Council of State establish a five-member tribunal to investigate the allegations.
The proposed tribunal would include nominees from key state institutions, including the Presidency, Parliament, the Public Service Commission, the National House of Chiefs and the Judicial Council.
A former Justice of the Supreme Court would chair the tribunal.
Hearings would be held in camera, and the tribunal would be expected to submit its findings within 60 days.
According to the Committee, the proposed process seeks to ensure fairness, transparency and institutional balance in the handling of petitions against a Chief Justice, while preventing undue political interference in the administration of justice.
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