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Assembly Members vs Chief Justice: Who Has More Legal Protection in Ghana?

On September 1, 2025, the President of the Republic signed a warrant removing the suspended Chief Justice, Her Ladyship Gertrude Araba Esaaba Sackey Torkoono. Her removal has sparked widespread debate over the legality of the process. Article 146 of the 1992 Constitution has become the subject of heated discussions, with lawyers, politicians, civil society, and even “pocket lawyers” arguing for or against its proper application. In my earlier article, I explained why the removed Chief Justice could not return to serve as a Justice of the Supreme Court. In this piece, I argue that an elected Assembly Member is, by law, better protected from removal than even the Chief Justice, who heads the Judiciary—the third arm of government. Article 146(1) clearly sets the grounds for removing a Justice of the superior courts or a tribunal chairman: stated misbehavior, incompetence, or […]

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Be guided by rule of law in processes to remove CJ from office – GBA

The Ghana Bar Association (GBA) has urged actors involved in the process of the removal from office of the Chief Justice, Justice Gertrude Araba Torkonoo, to let the rule of law be their guiding principles. This was contained in a statement signed and issued by the National President of the GBA, Efua Ghartey and Kwaku Gyau Baffour, National Secretary of GBA.It said that the exercise of discre­tion as provided by Article 296 of the Constitution, 1992 was important in enhancing the independence and image of the Judiciary.“It is expected that persons who play even the minutest role in this process will bear in mind Article 296 of the 1992 Constitution on the exercise of discretion and will act in a manner that safeguards and enhances the independence and image of the Judiciary,” the statement added.

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