In a major development aimed at strengthening judicial accountability and clarity within Ghana's democratic framework, Majority Leader and Leader of Government Business, Mahama Ayariga, has announced that the government will soon introduce specific rules to guide the removal of Justices of the Superior Courts, including those on the Supreme Court bench.

The announcement was made on May 27, 2025, during the opening of the Second Meeting of the Ninth Parliament of the Fourth Republic of Ghana.

In his comprehensive statement to Parliament, Ayariga outlined a sweeping legislative agenda that places institutional reform and democratic renewal at the heart of the Mahama administration’s governance vision.

The proposed rules come at a time of heightened public interest in judicial transparency and independence. Earlier this year, President John Dramani Mahama suspended Chief Justice Gertrude Torkornoo over alleged breaches of the code of conduct for judges, a move that sparked political debate and legal questions regarding the exact process and powers related to the removal of judges at the apex court.

This unprecedented step underscored the urgent need for clear, transparent procedures to govern such sensitive constitutional actions.

Critics across political and civil society spaces warned of potential abuse of executive power without codified safeguards.

A New Legal Framework

According to Ayariga, the Attorney General and Minister for Justice will soon lay before Parliament a new legislative instrument titled the Removal from Office of Justices of the Supreme Court Rules.

This bill will form part of a broader legislative package aimed at overhauling Ghana’s legal and institutional governance frameworks.

The Majority Leader emphasized that President Mahama is determined to enhance the constitutional infrastructure with reforms that entrench democracy and protect the integrity of the judiciary.

“The president is committed to legislative clarity with transparency when it comes to the constitutional mechanics of the removal of justices of the superior courts,” Ayariga affirmed.

The new rules are expected to define step-by-step procedures, threshold evidence requirements, institutional roles, and timelines for disciplinary or removal proceedings—thereby eliminating ambiguity in Article 146 of the Constitution, which governs the removal of Justices but leaves much open to interpretation.

The judiciary-focused reforms are only one component of a sweeping overhaul of Ghana’s legal architecture.

Ayariga revealed that over 20 major bills are expected to be introduced during this sitting of Parliament.

These include the Conduct of Public Officers Bill, Criminal and Other Offences (Procedure) (Amendment) Bill, Legal Education Reform Bill, Legal Profession Bill, and a Tribunals Bill, among others.

In addition to the new Supreme Court removal guidelines, other subsidiary legislation affecting judicial procedure and governance will also be introduced. These include amendments to the Supreme Court Rules, High Court Civil Procedure Rules, Court of Appeal Rules, and the Legal Aid Commission Regulations.

Ayariga described this reform push as “one of the most ambitious legislative updates to the justice sector in Ghana’s Fourth Republic.”

Restoring Democratic Trust and Rule of Law

This renewed emphasis on legal reform reflects President Mahama’s broader political narrative of democratic restoration following what his administration calls a period of institutional decay under the previous government.

Ayariga praised the administration's swift legislative progress in its first sitting, noting the passage of 11 key bills, including the repeal of unpopular taxes and the establishment of the Ghana Gold Board.

The Majority Leader credited this renewed legislative momentum with restoring investor confidence, improving Ghana’s currency strength, reducing fuel prices, and generally easing the cost of living.

However, Ayariga was quick to note that true national recovery cannot be achieved without restoring the public’s trust in the institutions of justice and governance. “When duty calls, this House has consistently risen to the occasion, putting national interest above all else,” he said.

Implications for Judicial Independence

While the government insists the new rules will provide transparency and fairness in any future judicial disciplinary process, some legal experts and opposition figures are likely to scrutinize the fine details to ensure they do not compromise judicial independence.

Ayariga pre-emptively addressed such concerns, assuring Parliament that the rules will be developed in consultation with key stakeholders, including the Judicial Council, Ghana Bar Association, and civil society legal watchdogs.

“The goal is not control—it is clarity,” he added.

What’s Next?

The Rules on the Removal of Justices of the Supreme Court are expected to be laid before Parliament in the coming weeks, following internal consultations. Once tabled, they will be subjected to Parliamentary scrutiny, debate, and likely amendments before being adopted into Ghana’s statutory framework.

If passed, these rules would mark the first formal attempt in Ghana’s democratic history to codify the sensitive procedures for disciplining judges at the highest level—potentially becoming a model for other African democracies grappling with similar challenges.

In Ayariga’s words, “This is more than a legislative process—it is a democratic milestone.”