Deputy Attorney General and Minister for Justice, Dr. Justice Srem-Sai, has defended the constitutionally mandated secrecy surrounding the removal process of justices of the superior courts, stating that it is intended to protect the integrity and reputation of those involved.
His comments follow public concerns raised by Professor H. Kwasi Prempeh, Executive Director of the Ghana Centre for Democratic Development (CDD-Ghana), who called for greater transparency and reform of Article 146 of the 1992 Constitution.
This article outlines the procedure for removing superior court justices, including the Chief Justice.
Prof. Prempeh’s remarks come in the wake of the recent suspension of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, a move that has sparked intense public and political debate.
Speaking on the Citi Breakfast Show on Wednesday, April 23, 2025, Dr. Srem-Sai explained that the confidentiality mandated by Article 146 is not intended to shield the process from scrutiny indefinitely, but to ensure fairness and protect the dignity of the individuals involved.
“The reason there is a requirement for privacy is that some of the issues that may be raised in the petition, especially, where the issues are not founded, could be defamatory. So, the framers of the constitution were trying to balance the personal character protection of the accused justice and also the public interest.
“What I think is that during the proceeding, the constitution is very clear that it is in-camera. It doesn’t say that after the proceeding, the public will be denied the bases of the petition. We have also seen in order situation where the proceedings have ended and some of the decisions were made public,” he stated.