The Constitution Review Committee (CRC) has proposed sweeping changes to the tenures and removal processes of the Chief Justice and other Justices of the Superior Courts, recommendations presented to President John Mahama on Monday, December 22.

A key proposal centres on the Chief Justice, suggesting a single, non-renewable ten-year term, or retirement at age 70, whichever comes first. According to the Committee, a retiring Chief Justice would be entitled to full benefits.

However, the report indicates that should a Chief Justice’s ten-year term conclude before reaching the age of 70, they would have the option to continue serving as a Justice of the Supreme Court.

For Justices of the Superior Courts – excluding the Chief Justice – the CRC proposes that tenure continue until retirement, death, or resignation. The mandatory retirement age remains 70 for Justices of the Supreme Court and the Court of Appeal, and 65 for High Court judges.

Beyond tenure, the Committee has outlined a standardized process for removing Justices of the Superior Courts. The proposed grounds for removal include mental or physical incapacity, incompetence, gross misconduct, violation of the judicial code of conduct, or bankruptcy.

The removal process for the Chief Justice is designed to be multi-layered and confidential. An aggrieved party can petition the Council of State, which has seven days to refer the matter to its judicial committee to assess if a prima facie case exists.

If the committee finds no merit, the petition is dismissed. However, if grounds are established, the Council of State will notify both the President and the Speaker of Parliament. The President then has the authority to suspend the Chief Justice pending investigation.

A five-member tribunal would be constituted by the Council of State to investigate the matter. This tribunal would comprise a non-lawyer appointed by the President, a former Member of Parliament appointed by the Speaker, a representative from the Public Service Commission, a nominee from the National House of Chiefs, and a former Justice of the Supreme Court appointed by the Judicial Council. The former Supreme Court Justice will chair the tribunal.

Hearings will be held in camera, and the tribunal is expected to submit its findings within 60 days. The Committee believes these reforms will bolster judicial independence, enhance accountability, and provide greater clarity in the governance of the judiciary.

“These changes are vital to ensuring a robust and impartial judicial system for all Ghanaians,” a source close to the Committee stated.

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