Former Chief Justice Sophia Akuffo has called into question the adequacy of constitutional provisions for the impeachment of the Chief Justice.

Speaking on Joy News' PM Express on Tuesday, January 7, she offered a nuanced critique of the process while responding to recent calls by legal scholar Professor Kweku Asare for the removal of the Chief Justice.

She emphasized the importance of due process and highlighted gaps in the current framework, noting that impeachment is a serious and complex procedure that must be anchored in robust constitutional guidelines.

“Impeachment Is Not Simple Removal”

When asked about Professor Asare’s demand for the Chief Justice’s removal in the waning days of President Akufo-Addo’s tenure, Madam Akuffo was direct.

“What has she done? Has she committed any offence of misconduct? Well, that needs to be proven. You don’t just get up and impeach,” she stated.

Clarifying the distinction between “removal” and “impeachment,” Sophia Akuffo noted that the latter involves a detailed constitutional process.

“Let’s not even use the word ‘removal,’ because before you reach removal, you’re going to go through an impeachment process, which must follow the dictates of the Constitution,” she explained.

“Constitutional Provisions Are Inadequate”

Akuffo expressed concern that Ghana’s Constitution falls short of providing a robust framework for impeaching a Chief Justice or other high-ranking officials.

“Personally, I don’t think the provisions of the Constitution are adequate for the purpose of impeachment of anybody,” she remarked.

She elaborated on the procedural shortcomings, pointing out that the current arrangement places significant power in the hands of the President and the Council of State.

“In the current arrangement, you petition the President, and in the case of the Chief Justice, the matter is referred to the Council of State, which has to go through certain processes,” she said.

The Role of Due Process

Akuffo underscored the importance of adhering to due process in impeachment cases.

“It’s not just a question of, ‘I want to remove this person,’ and then he goes to the Council of State, and then the Council of State comes back and says, ‘Yeah, we agree with you. Go ahead and do it.’ There has to be due process,” she emphasized.

According to Akuffo, due process involves more than simply filing a petition.

“The petition must set out some reason. That’s part of what due process is all about,” she explained, adding that even in lower courts, there are structured processes that must be followed.

Calls for Constitutional Reform

While Akuffo admitted she had not followed the specifics of Professor Asare’s call, she expressed scepticism about whether sufficient justification had been provided.

“I’m yet to know what the justifications are that the petitioner has even for asking the removal of the Chief Justice. It’s not that easy, even under the Constitution as it is now,” she stated.