Kofi Bentil proposes ways to remove constitutionally protected officers without political influence
A Vice President for Policy Think Tank, IMANI Africa, Kofi Bentil, is of the view that politicians should take their hands off the removal of constitutionally protected officers.
He believes that rather, those whose work directly are affected by occupants of these offices should be the ones to determine if these persons should be removed or not.
To Kofi Bentil the attempt to remove people in such offices was bad yesterday and continues to be bad today.
His opinion shared via social media read “I associate with the view stressed on Newsfile that politicians must take their hands off the removal of Chief Justices and other Constitutionally protected officers. It was wrong yesterday and is still wrong today.
I have always said and repeat that the best persons to determine whether a Person is working well or not, are those who work with the person and those who the persons work affects.
In the case of the Chief Justice it is lawyers and Judges and litigants. We can excuse litigants because those who lose cases will be always be upset and vice versa. But lawyers and judges experience both wins and losses always, and know if a judge is good or not.
Here’s my proposal.
1. When A petition is received a prima facie case must be established by the president’s office or it should be thrown out.
2. Once a PF case is established PARLIAMENT should be the forum for determining whether the case warrants or is worthy of consideration for removal of CJ.
3. If parliament determines that the matter should
Proceed, THE JUDICIARY AND LAWYERS. must vote to either remove the CJ or retain him/her. On a simple
Majority basis.
A. This way, it leaves the hands of politicians
B It is also not as easy as it is now to remove a CJ
C. We force the CJ to be more responsive to her fellow judges and lawyers.
D. Politicians will stop threatening and scaring CJ into doing their bidding.
