Former Attorney General and Minister of Justice, Nii Ayikoi Otoo, has urged the Constitutional Review Committee to reconsider the constitutional provisions granting the President authority to appoint and remove the Chief Justice. This appeal comes after Chief Justice Gertrude Torkornoo submitted her response to petitions seeking her removal from office to President John Dramani Mahama and the Council of State.
Ayikoi Otoo expressed concerns about the neutrality of the current process, questioning the rationale behind forming an investigative committee when allegations may not meet the constitutional threshold for removal. He emphasized that the threshold for removal should be clearly defined, focusing on stated misbehaviour or incompetence.
He went on to propose the institution of an independent body, in consultation with Parliament, to handle both the appointment and removal of the Chief Justice, rather than leaving it to the President’s discretion. “This is not fair,” he stated, highlighting the need for reform. “Giving the power to the president to appoint is wrong. An independent body should make these appointments with Parliament’s approval, and removal should follow the same procedure.”
According to the former AG, the current process raises questions about fairness and impartiality. Once the President refers allegations to a committee, the outcome may be predetermined, undermining the integrity of the process. By involving an independent body and Parliament, the process would be more transparent and accountable
