The ongoing petitions seeking the removal of Ghana’s Chief Justice Gertrude Esaaba Torkonoo have ignited a debate about judicial independence and the perception of political bias within the Ghanaian judiciary. Dr. Kojo Pumpuni Asante, a prominent voice in Ghanaian governance, argues that simply removing the Chief Justice is a superficial solution that fails to address the underlying issues plaguing the judicial system. He contends that the root of the problem lies in structural weaknesses and a lack of legislative safeguards, which allow for political influence to seep into judicial processes. Rather than focusing on personalities, Asante advocates for comprehensive legislative reforms as the only sustainable path towards a truly independent and impartial judiciary.
Asante highlights the history of removing heads of Independent Governance Institutions (IGIs) in Ghana’s Fourth Republic, drawing parallels between the current situation and previous instances involving the Commission on Human Rights and Administrative Justice (CHRAJ) and the Electoral Commission (EC). These cases demonstrate a pattern of political maneuvering that undermines the security of tenure intended to protect these institutions from undue influence. The constitutional safeguards designed to protect IGI heads have, ironically, been weaponized to remove them, often for perceived political expediency rather than genuine misconduct. This practice erodes public trust in these vital institutions and weakens their ability to function effectively as checks on executive power.
The current controversy surrounding the Chief Justice stems from the disputed 2020 elections and subsequent legal challenges. The opposition National Democratic Congress (NDC) alleges bias in the Supreme Court’s handling of these cases, pointing to what they perceive as politically motivated decisions that favored the ruling party. Asante argues that this perceived bias, regardless of its veracity, is a symptom of deeper structural issues within the judiciary. These issues include the Chief Justice’s unchecked administrative powers, particularly in the selection of judges for specific cases, and the absence of a limit on the number of Supreme Court justices, which opens the door to potential court-packing.
Asante’s core argument is that true judicial reform requires addressing these systemic flaws through legislative action. He proposes a series of reforms that include capping the number of Supreme Court justices to prevent manipulation of the court’s composition, regulating the Chief Justice’s administrative powers to ensure greater transparency and impartiality in judicial assignments, and establishing a fair and transparent process for judicial promotions and transfers to minimize opportunities for political patronage. These reforms, he believes, would provide more robust safeguards against political interference and help restore public confidence in the judiciary.
He emphasizes the ongoing constitutional review process as a crucial opportunity to implement these necessary changes. With the NDC holding a parliamentary majority, they have the power to push through these reforms, ensuring that the judiciary operates within a framework that promotes impartiality and adheres to the principles of justice. Simply replacing the Chief Justice, Asante warns, risks perpetuating a cycle of politically motivated appointments and removals without addressing the underlying structural problems. He contends that a new appointee would likely carry similar political baggage, leaving the system vulnerable to the same kind of criticisms and controversies that have plagued the current Chief Justice.
Asante’s analysis underscores the importance of legislative reform as a more effective and sustainable solution to the perceived politicization of Ghana’s judiciary. He cautions against relying on the removal of individuals as a primary means of addressing systemic issues. He argues that a more holistic approach, focused on strengthening institutional safeguards and promoting transparency, is essential to building a truly independent and impartial judicial system. This, he believes, is the only way to ensure that the judiciary can effectively fulfill its crucial role in upholding the rule of law and safeguarding democracy. By tackling the root causes of the problem, rather than simply addressing its symptoms, Ghana can work towards a judicial system that enjoys public trust and serves as a cornerstone of a healthy democracy.
