Private legal practitioner, Lawyer Ernest Akosah, has shed light on the constitutional basis for the removal of a Chief Justice in Ghana. Speaking in an interview with Home Base Television on September 2, 2021, he explained that Article 146 of the 1992 Constitution provides the framework for addressing misconduct involving judges of the High Court, Court of Appeal, and Supreme Court.

According to him, petitions can be filed against a judge when there is credible evidence of misconduct or breach of the judicial code of conduct. Such petitions are submitted to the Council of State, which determines whether there are sufficient grounds for investigation. If established, the President is constitutionally mandated to set up a committee to probe the matter.

Lawyer Akosah emphasized that in the case of the former Chief Justice, due process was followed as required by Article 146. The accused was questioned, investigated, and the committee’s findings were submitted to the President, leading to the removal.

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