Prof. H. Kwasi Prempeh has called for a sweeping reforms to Ghana’s judicial appointment and removal processes, warning that the current system leaves the judiciary vulnerable to political manipulation.
Delivering the keynote address at a high-level forum hosted by the Africa Judicial Independence Fund (AJIF), Learning and Exchange Event, Prof. Prempeh described the Judicial Council, the body responsible for advising on judicial appointments as “structurally weak” and lacking the independence needed to safeguard the courts.
“It’s a very weak council. When you look at the membership, it’s clear it doesn’t provide a real check either on the executive or even on the judiciary itself.”
He criticized the current process, where the President nominates justices and Parliament confirms them, as overly centralized and susceptible to partisan influence.
“We need more parties involved so that it doesn’t just become the President’s pick, rubber-stamped by a compliant Parliament. The appointment side is very important because of the polarized nature of our politics.”
Prof. Prempeh also raised concerns about the removal process for judges, citing Article 146 of the 1992 Constitution, which he said has been inconsistently applied.
“When it was first used, it wasn’t against judges. But, now it’s being used against the Chief Justice. We didn’t pay attention when it was used against the CHRAJ Commissioner. That same provision is now being turned inward.”
“If we want a truly independent judiciary, we must break the rubber stamp cycle”. He added.