The Chair of the Constitution Review Commission (CRC), Professor H Kwasi Prempeh, has called for an amendment of Article 146 of the 1992 Constitution of Ghana, which details the process for the removal of Chief Justices.

Speaking at the Learning and Exchange event of the Africa Judicial Independence Fund (AJIF) held in Accra on Monday July 7, 2025, Professor Prempeh, who is also a member of the AJIF Advisory Board and the Executive Director of the Ghana Center for Democratic Development (CDD-Ghana), suggested an amendment to the article regarding the role of the President of the Republic in the removal process.

He pointed out that the president should not be involved in the appointment of justices because it is likely to affect the independence of the judiciary.

“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,” he said.

The CDD boss indicated that the president’s role in the appointment and dismissal of justices is merely ceremonial.

“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.

Watch a video of his remarks below:



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