The Director of Legal Affairs for the National Democratic Congress (NDC), Godwin Edudzi Tameklo, has emphasised the constitutional requirement for all proceedings relating to the removal of superior court justices to be held in private, warning against what he describes as a dangerous precedent of holding such matters in open court.

Speaking on the ongoing discourse surrounding judicial accountability and the removal of judges on his Facebook wall, Mr Tameklo pointed to Article 146(8) of the 1992 Constitution, which explicitly mandates that proceedings of any committee established to investigate alleged misconduct or incompetence of justices must be held in camera.

“It is clear from the above that under our 1992 Constitution, a Chief Justice, a justice of the superior court of judicature, or the chairman of a Regional Tribunal can only be removed from office by the President—acting on the recommendations of a committee established to look into a formal petition,” Tameklo explained.

He further noted that the purpose of holding such proceedings behind closed doors is to preserve the dignity, authority, and independence of the judiciary.

Quoting Justice Kpegah’s opinion in the landmark Ghana Bar Association v Attorney-General (Abban Case), Tameklo remarked, “It would be a sad day for this country if this court were to grant the request of the plaintiff-association and start removing our judges in open court, contrary to the constitutional provisions specifically designed for that purpose.”

He warned that the recent trend of public litigation aimed at removing judges undermines the constitutional safeguards protecting judicial independence and could erode public confidence in the judiciary.