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Deputy Attorney General and Minister for Justice, Dr. Justice Srem-Sai, has justified the constitutionally required confidentiality in the process of removing superior court justices, emphasizing that it is designed to safeguard the integrity and personal reputation of those involved.
His comments follow recent criticisms from Professor H. Kwasi Prempeh, Executive Director of the Ghana Centre for Democratic Development (CDD-Ghana), who has called for reforms to Article 146 of the 1992 Constitution. The article lays out the procedure for removing justices of the superior courts, including the Chief Justice.
Prof. Prempeh’s concerns come amid the ongoing controversy surrounding the suspension of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, an action that has drawn significant public and political scrutiny.
Speaking on the Citi Breakfast Show on Wednesday, April 23, 2025, Dr. Srem-Sai clarified that the confidentiality outlined in the constitution is not intended to obstruct accountability, but rather to maintain a fair and dignified process.
“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,” he explained.
He further clarified that the in-camera nature of the proceedings only applies during the process and not necessarily after it concludes.
“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 other situations where the proceedings have ended and some of the decisions were made public,” Dr. Srem-Sai noted.
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