Removal of Chief Justice: NDC Majority Cannot Unilaterally Amend Article 146 – Lawyer

Akbar Yussif Rohullah Khomeini, a private legal practitioner and aide to former Vice President Dr. Mahamudu Bawumia, has emphasized that Article 146 of the 1992 Constitution—which deals with the “Removal of Justices of Superior Courts and Chairmen of Regional Tribunals”—cannot be amended by the National Democratic Congress (NDC) majority in Parliament alone.

According to him, altering that provision requires a national referendum, not just parliamentary approval.

His comments were in response to a position shared by political analyst Dr. Kwame Sarpong Asiedu regarding the possible removal of Chief Justice Gertrude Torkornoo.

Dr. Asiedu had argued in a Facebook post that history might record Ghana’s Chief Justice being removed under one constitutional framework, while her successor could operate under a revised version. He suggested that by the 2028 elections, the Constitutional Review Commission (CRC) would likely reshape Article 146, given ongoing debates, criticisms, and calls for reform.

He stressed that with the NDC holding more than a two-thirds majority in Parliament, any CRC recommendation to tighten Article 146 would almost certainly be passed. He described this as a rare opportunity for significant constitutional reform, particularly in protecting the office of the Chief Justice from political interference.

Dr. Asiedu further explained that the process for removing a Chief Justice and the President’s unilateral power to appoint one are both likely to face reforms. He dismissed the idea that a new Chief Justice’s tenure would simply mirror the government’s lifespan, noting that constitutional changes, once made, tend to endure for generations.