Majority Chief Whip, Rockson-Nelson Dafeamekpor, has dismissed suggestions that Ghana’s constitutional framework on the removal of a Chief Justice should be overhauled with a new instrument.
In an interview with Citi FM on Monday, September 15, Mr Dafeamekpor said such proposals were misguided, arguing that Article 146 of the 1992 Constitution was entrenched and could not be replaced or varied by any subsidiary legislation.
“It is simply illogical,” he remarked. “No legislative or constitutional instrument can override or depart from what is already enshrined under Article 146. At best, such an instrument can only reflect, expand or give clarity to what the Constitution already stipulates — it cannot alter or replace it.”
He clarified, however, that additional procedural guidelines could be developed to support the constitutional provision, provided they did not undermine its essence.
“For example, when the Constitution requires a prima facie determination, rules may be introduced to specify timelines, but you cannot suggest that the requirement itself should be removed,” he said, citing the case of *Agyei Twum v Attorney General*.
The MP’s comments come against the backdrop of growing debate following President John Mahama’s removal of Chief Justice Gertrude Torkornoo under Article 146.
While some groups have demanded reforms to tighten the process, Mr Dafeamekpor insists the existing constitutional framework already provides sufficient safeguards.