Professor H Kwasi Prempeh, the Chair of the Constitution Review Commission (CRC), has said the president shouldn’t be given the power to appoint or remove judges.
According to Professor H Kwasi Prempeh, the president being involved in the appointment of justices is likely to affect the independence of the judiciary.
Speaking at the Learning and Exchange event of the Africa Judicial Independence Fund (AJIF) on Monday, July 7, 2025, Professor H Kwasi Prempeh stated, “Should the president be removed from the process? Absolutely. I think going forward, it’s not healthy, it is a temptation. You don’t tempt power in these parts like that. Certain things we have done with our constitution almost presume that the people we are going to elect are angels. I mean, it is one of the most ridiculous”.
“In Kenya, the president appoints the judges, but it is understood as a duty to appoint once the Judicial Service Commission has nominated them after going through an interviewing process and they’ve come up with a list. You just have a duty to take it to Parliament for them to approve. And once they are approved, you have a duty to appoint.
In Ghana, you say, ‘shall’. ‘Hey, that’s my power.’ It is, ‘I shall appoint you. So I do the thing by myself.’ Absolutely, the president shouldn’t be given that kind of power. Whether on the appointment side or on the removal side, I don’t see the point,” he said.
Meanwhile, Justice Srem-Sai, the Deputy Attorney General, revealed that the suspended Chief Justice of Ghana, Gertrude Araba Esaaba Torkornoo, has filed another case at the ECOWAS Community Court of Justice in Abuja, Nigeria.
The Suspended Chief Justice Gertrude Torkonoo’s new case filed at the ECOWAS Community Court alleges human rights violations in the ongoing removal process.
In a Facebook post on Tuesday, July 8, Justice Srem-Sai wrote, “I can confirm that the Chief Justice – Her Ladyship, Justice Gertrude Torkornoo – has filed another court case – this time, at the ECOWAS Community Court in Abuja, Nigeria, against the Republic.
In the case, which was filed on July 4, Her Ladyship repeated the same allegations of human rights violations which are currently pending determination before our Supreme Court and, also, before our High Court in respect of the ongoing removal processes.
Essentially, Her Ladyship argues that by her suspension, she “has effectively been removed from her official capacity without a final determination, impairing her right to function and serve in a position she was constitutionally appointed to.”
The suspended Chief Justice (CJ), Justice Gertrude Torkornoo, has filed another case in court for a judicial review challenging the unanimous dismissal of her application to halt her suspension and the ongoing impeachment proceedings against her.
CJ Torkornoo, in her review application, is seeking virtually the same relief as that requested in her earlier, dismissed application.
She wants the court to declare all proceedings of the five-member committee hearing the three petitions for her removal as null and void, arguing that the process violates her human rights.
Meanwhile, President John Dramani Mahama has stated that his government is awaiting the outcome from the committee he set up to probe the suspended Chief Justice, Gertrude Torkornoo.
According to John Mahama, his government has done its part, and the rest is left with the committee that was set up to come out with whatever its findings are.
He revealed that whatever the committee’s findings are, it will be dealt with.
John Mahama, addressing members of the Council of State at the Jubilee House on Monday, July 7, stated his administration is awaiting the outcome of the special committee investigating the suspended Chief Justice, Gertrude Torkornoo.
John Mahama stated, “On the issue of governance, we’ve had the difficult issue with regards to the suspension of the Chief Justice and of course, the Council of State was involved in a part of that process,” the President said.
“We’ve done our part. The rest is left with the committee that was set up to come out with whatever its findings are, and based on that, whatever the consequential issues are, will be dealt with.”
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