The government is set to introduce new constitutional guidelines for the removal of Justices of the Superior Courts, including the Chief Justice, as part of broader judicial reforms. This was announced by Majority Leader, Mahama Ayariga, during the official opening of the Second Meeting of the First Session of the Ninth Parliament of the Fourth Republic.
Clearer Procedural Rules
Ayariga revealed that the government intends to establish clearer and stronger procedural rules governing the removal of judges from the High Court, Court of Appeal, and Supreme Court. While specific provisions were not disclosed, Ayariga acknowledged that any such reform would require amending entrenched provisions of the 1992 Constitution.
Amendments and Referendum
The process of amending the Constitution demands parliamentary approval and a national referendum. Ayariga emphasized that President John Dramani Mahama is committed to fast-tracking legislative reforms to strengthen governance institutions and entrench democracy.
Subsidiary Legislation
The Attorney General will introduce a series of subsidiary legislation, including:
– Corporate Insolvency and Restructuring Regulations
– Court of Appeal Rules
– Economic and Organised Crime Office (Operations) Regulations
– Economic and Organised Crime Office (Terms and Conditions of Service) Regulations
– High Court (Civil Procedure) (Amendment) Rules
– Interpretation Regulations
– Judicial Service (Terms and Conditions of Service) Regulations
– Legal Aid Commission Regulations
– Supreme Court Rules
– Removal from Office of Justices of the Supreme Court Rules
Accountability and Transparency
Ayariga stressed the importance of accountability in judicial processes while reaffirming the independence of the judiciary as a pillar of Ghana’s democracy. “The president is committed to legislative clarity with transparency when it comes to the constitutional mechanics of the removal of justices of the superior courts”.
Key Points:
New Guidelines: Government to introduce new guidelines for removing Superior Court Justices.
Clearer Procedural Rules: Clearer rules for removing judges from High Court, Court of Appeal, and Supreme Court.
Amendments and Referendum: Constitutional amendments require parliamentary approval and national referendum.
Subsidiary Legislation: Attorney General to introduce series of subsidiary legislation.
The proposed reforms aim to strengthen governance institutions and entrench democracy in Ghana. The introduction of clearer procedural rules for removing Superior Court Justices will promote accountability and transparency in the judiciary.
Source: Africa Publicity