Chief Justice suspension: Appiah-Kubi questions constitutional process

Legal practitioner Andy Appiah-Kubi has raised serious concerns about the role of the Council of State in the ongoing process to remove the Chief Justice, following her suspension announced by President Mahama on Tuesday, April 22, 2025.

President Mahama suspended the Chief Justice after establishing a committee to investigate multiple petitions alleging misconduct and incompetence. A statement from the presidency said the decision was made in line with constitutional provisions and after consultations with the Council of State.

However, speaking on the matter, Appiah-Kubi questioned why the Judicial Council was seemingly sidelined in such a critical decision affecting the head of the judiciary.

He explained that although the Council of State ranks higher in the constitutional hierarchy, the Judicial Council remains the supreme body within the judicial sector, particularly in dealing with issues concerning the judiciary.

“You can’t take decisions about achieve justice without recourse  to the Judicial Council. The Judicial Council is the body that supervises the whole judicial system and they also monitor the judicial wings.

“It is the council that is representative enough of society and people within the law, the Council of State could be higher by way of the hierarchy, but in the industry that we are all seeking to affect, the highest body in the industry is the Judicial Council.” He stated

Andy Appiah-Kubi further criticized the process, warning that excluding the Judicial Council from such a crucial decision opens the judiciary to undue political interference.

He blamed these procedural gaps on flaws within the 1992 Constitution, noting that at the time it was drafted, the nation was eager to move away from military rule and overlooked some critical checks and balances.

“How would you take decisions like this, particularly affecting a sitting Chief Justice, and the presiding Judicial Council is not involved?” he queried. “We play into the hands of politicians to affect even what happens in another wing of government without giving that wing the opportunity to influence the decision. That cannot be right.”

“I’m happy that Prof. is also pointing out some limitations in the constitution,” he said. “At the time, we thought anything different from military rule was better and we didn’t pay enough attention. So now we are facing the consequences.” He said

The suspension of the Chief Justice continues to stir debate across legal and political circles, with growing calls for broader constitutional reforms to strengthen the independence of the judiciary.

Meanwhile, the Ghana Bar Association has reportedly passed a resolution to call on President John Dramini Mahama to revoke the suspension of Chief Justice Getrude Torkornoo.

Source: Elvisanokyenews.net