AJIF Cautions Against Politicisation of Chief Justice’s Removal, Calls for Judicial Reforms
The Africa Judicial Independence Fund (AJIF) has cautioned against politicising ongoing calls for the removal of Ghana’s Chief Justice, urging all stakeholders to uphold constitutional processes and safeguard the independence of the judiciary.
The statement follows recent public debates and petitions seeking the removal of the Chief Justice, amid broader concerns about judicial integrity and executive overreach.
AJIF, while refraining from taking a position on the merits of the petitions, noted that the constitutional framework guiding the appointment and removal of judges remains vulnerable to political manipulation and therefore requires urgent reform.
“The process is designed to insulate the judiciary from undue political interference and to uphold the integrity and dignity of the Office of the Chief Justice,” the organisation said in a statement.
Per Article 146 of the 1992 Constitution, the removal of the Chief Justice can only be effected for stated misbehaviour, incompetence, or on grounds of mental or physical incapacity. The procedure begins with a petition to the president, who, in consultation with the Council of State, determines whether a prima facie case exists.
Should a prima facie case be established, an ad hoc committee—comprising two Supreme Court justices and three other independent members—is constituted to investigate and make a recommendation to the president. During the inquiry, the Chief Justice has the right to a defence and may be temporarily suspended upon the Council of State’s advice.
AJIF acknowledged that the ongoing process appears to be following constitutional provisions. However, it raised concerns over the overall robustness of the legal architecture, stating that the current system is susceptible to executive influence.
At a public lecture held on October 24, 2023, by Solidare Ghana and the University of Ghana at the Kofi Drah Conference Centre, legal experts and civil society actors echoed similar concerns, warning of growing public distrust in the judiciary and allegations of partisan judicial appointments.
“The real task lies in restoring public confidence by making transparent and merit-based judicial appointments, strengthening the Judicial Council, ensuring adequate resourcing and autonomy of the judiciary, and fostering open discourse on accountability,” the AJIF stressed.
The group called for structural reforms rooted in constitutionalism and aimed at fortifying Ghana’s democratic institutions.
“Deciding whether or not to remove the Chief Justice without addressing deeper systemic problems will not resolve the crisis; it risks exacerbating it,” AJIF warned.
The organisation concluded by urging a participatory, lawful, and deliberate approach to judicial reform as the path toward restoring public trust and ensuring an impartial system of justice.
