Pumpuni: Removing the CJ will only introduce a new one with similar ‘political baggage’, repeating the same cycle

The Director of Policy Engagement and Partnerships at the Ghana Center for Democratic Development (CDD-Ghana), Dr Kojo Pumpuni Asante has said that uncovering a Chief Justice’s political motives is difficult without undercover tactics like those of investigative journalist Anas Aremyaw Anas.

He noted that replacing an alleged politically biased Chief Justice will not solve the perception of bias either, given the antecedents noted above.

Instead, he said, legislative reform is needed, such as capping the number of Supreme Court Justices, regulating the Chief Justice’s administrative powers, and ensuring fair, transparent processes for promotions and transfers.

In an article, Dr Pumpuni Asante stated that there is a clear need to review and regulate the Chief Justice’s discretionary powers.

The ongoing Constitutional Review process presents an opportunity to do so, and with its parliamentary majority, the NDC can push through widely supported reforms, he said.

“Once enacted, the current Chief Justice would be bound by these new rules. In contrast, removing and replacing the Chief Justice would only introduce a new appointee with similar political baggage, repeating the same cycle.

“Legislative reform is the more effective path. Moreover, the current process for removing heads of Independent Governance Institutions is prone to abuse, as it allows a President or ruling party to initiate and act on petitions with little oversight.”

President John Dramani Mahama forwarded three petitions calling for the removal of Chief Justice Gertrude Torkornoo to the Council of State for advice, in accordance with Article 146 of the 1992 Constitution.

A statement from the Presidency’s Communications Directorate on Tuesday, March 25, 2025, confirmed that the petitions had been submitted by various individuals, urging the President to take action against the Chief Justice.

Following constitutional procedures, President Mahama has referred the matter to the Council of State to begin the consultation process required before any further action can be taken.

The Chief Justice subsequently responded to the petition.

Meanwhile, the Supreme Court has set May 6 to hear the injunction applications against the petition to remove Chief Justice Gertrude Sackey Torkornoo from office.

The panel of four sitting instead of five, chaired by Justice Osei Bonsu, noted that the adjournment had been occasioned due to “unavoidable reason”.

Justice Samuel Asiedu, the fifth member of the panel, was absent when the case was called on Wednesday, April 16.

At the last adjourned date, former Attorney General Godfred Yeboah Dame, representing Old Tafo Member of Parliament as a plaintiff in one of the injunction suits, averred that the president ought to hold on with the consultation processes with the Council of State.

He noted that the law prohibits the continuation of court processes when there’s an injunction application.

But reacting to his assertion, Attorney General Dr Dominic Ayine indicated that no law prohibits the President from carrying out his constitutional mandate.

“He needs to understand that this is the performance of a constitutional duty and the law is very clear that you cannot enjoin the performance of a constitutional or public obligation,” the A-G noted.

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