In recent months, Article 146 of the 1992 Constitution of Ghana has dominated public discussion and discourse following the removal of former Chief Justice Gertrude Araba Sackey Torkornoo from office.
For many, the controversy involving the former Chief Justice marked the first time they heard of Article 146 and became aware of its implications.
Justice Torkornoo was removed from office as the CJ and the head of the Supreme Court by President John Dramani Mahama after a constitutional inquiry established to investigate petitions against her, found misconduct on her part.
According to the Presidency, which announced her removal, the committee found that Justice Torkornoo had engaged in 'stated misbehaviour' within the meaning of Article 146(1), which states: "A Justice of the Superior Court or a Chairman of a Regional Tribunal shall not be removed from office except for stated misbehaviour or incompetence, or on grounds of inability to perform the functions of his office arising from infirmity of body or mind." Aside from the former Chief Justice, several individuals, particularly heads of independent constitutional bodies like the EC, NCCE and CHRAJ, have also found themselves as 'victims' of Article 146 under the grounds of 'stated misbehaviour.
