Ghana Judicial Independence Under Scrutiny Amid Chief Justice Removal Debate

The Africa Judicial Independence Fund (AJIF) has urged adherence to constitutional safeguards and systemic reforms to protect judicial independence in Ghana, as public discourse intensifies over petitions to remove the country’s Chief Justice.

In a statement dated April 30, 2025, the AJIF emphasized that while the constitutional process for removal appears to be followed, structural weaknesses in Ghana’s judicial framework risk enabling political interference and eroding public trust.

Under Article 146 of Ghana’s 1992 Constitution, the Chief Justice can only be removed for “stated misbehaviour, incompetence, or mental/physical incapacity.” The process requires the president to consult the Council of State to determine if a prima facie case exists. If so, an independent committee comprising Supreme Court justices and non-political appointees must privately investigate the allegations before recommending removal. The AJIF noted no overt breaches of this process so far but warned that the existing framework lacks robust safeguards against potential manipulation.

The advisory body, chaired by Prof. Willy Mutunga, stressed that resolving the current controversy over the Chief Justice’s tenure would not address deeper systemic issues plaguing Ghana’s judiciary. Concerns over executive influence in judicial appointments, perceived partiality in rulings, and inadequate institutional autonomy have fueled a “crisis of confidence” among citizens, as highlighted during a 2023 public lecture co-hosted by Solidare Ghana and the University of Ghana. Media reports of partisan judicial appointments and opaque decision-making have further strained credibility.

To restore trust, the AJIF called for comprehensive reforms, including transparent merit-based judicial appointments, stronger oversight by the Judicial Council, increased funding for courts, and public dialogues on accountability. “Absent deeper institutional reforms, a decision to remove or not to remove the Chief Justice will not resolve the challenges confronting Ghana’s judiciary,” the statement cautioned.

The debate over the Chief Justice’s removal underscores a pivotal moment for Ghana’s judiciary, balancing constitutional fidelity against calls for modernization. While adherence to Article 146 provides procedural legitimacy, the AJIF’s warnings highlight a fragile equilibrium between political accountability and judicial independence. Historically, Ghana’s judiciary has navigated similar tensions, but sustained reforms not isolated decisions will determine whether it emerges as a resilient pillar of democracy or a casualty of systemic erosion.