The Majority Chief Whip, Rockson-Nelson Dafeamekpor, has dismissed calls for a new constitutional instrument to replace Article 146, which governs the removal of a Chief Justice.
Speaking on Citi FM’s Eyewitness News on Monday, September 15, 2025, Mr Dafeamekpor described such calls as “illogical,” stressing that no instrument can override what is already entrenched in the Constitution.
“No process can succeed because any instrument, whether a legislative or constitutional instrument, that will amplify the procedure under 146 can not vary, can’t deviate, can’t depart from what is already captured in concrete under 146. The clamour for an instrument that will depart from what the constitution provides is an illogical reasoning because the instrument will be a derivative of what the constitution provides. It can only mirror and give flesh to what the constitution stipulates, it can not depart from it, it can’t vary it, it can’t be different from it,” he argued.
He, however, acknowledged that additional rules could supplement the existing framework without altering its substance.
“You can only add flesh to it, for instance, when they say prima facie, determination must be made, pursuant of the decision in the Agyei Twum versus Attorney General, then maybe a timeline would be provided, but you can’t say that a prima facie determination can’t take place,” he explained.
His remarks come in the wake of heightened public debate following the removal of Gertrude Araba Esaaba Sackey Torkornoo as Chief Justice by President John Dramani Mahama under Article 146. Many have since called for reforms to make the process more rigid, arguing that the current framework appears more flexible than procedures covering the removal of heads of the other two arms of government.