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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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