Private legal practitioner and activist Oliver Barker-Vormawor has described Ghana’s judicial system as broken, inefficient, and unfit for purpose.
According to him, judicial appointments in Ghana are shaped more by presidential discretion and political comfort than by merit.
He explained that moving from the High Court to the Appeals Court or the Supreme Court is not a promotion in the traditional sense but rather a fresh appointment, with the President having the ultimate say in who makes it to the superior courts.
“Every appointment is a fresh one. You are not promoted to the Court of Appeal. You are appointed. The ultimate decision rests with the President. Even if you meet the constitutional requirements, he can still decide based on whether your reasoning aligns with his political philosophy,” Barker-Vormawor said.
He stressed that this political influence over appointments has been acknowledged even by former Supreme Court justices and that the reality is that every appointee reflects the comfort level of the government in power.
Beyond appointments, Barker-Vormawor was blunt about the state of Ghana’s judicial system, describing it as riddled with inefficiencies, corruption, and a lack of systemic thinking.
“From what we can see, the judiciary is not fit for purpose in delivering the justice we require. It is nowhere close. We must not mince words about it – we are in a mess, a complete mess,” he declared.
He highlighted routine practices such as lawyers being forced to pay bailiffs before legal processes are served.
He also lamented the bureaucratic hurdles lawyers and clients face in filing and following up on cases, with outdated manual systems replacing what should be digitalized and transparent processes.
Barker-Vormawor argued that only a reform-minded Chief Justice can fix the deep-rooted problems in the system.
He noted the coincidence that Ghana’s Chief Justice currently heads the judiciary while his spouse heads the Prison Service, two critical pillars of the country’s justice system.
“There are so many problems across the board. Our ability to restrain public officers, to hold the executive accountable, all of it depends on whether the court system works. But it doesn’t,” he said.
He cited examples where Ghana’s court processes are outdated compared to international standards, such as the lack of systems to anonymize sensitive information, the slow handling of emergency applications, and rigid rules around protests.
“In other jurisdictions, a judge can take an emergency application via video at home. Here, the police can keep people waiting three months to protest, and even when you file the night before, they’ll tell you to wait another three days. It’s a complete mess,” he added.
For Barker-Vormawor, the crisis of justice in Ghana is not about one political administration but about the very design of the system.
“There is no design thinking or systems thinking in how we run the judiciary. When there is no justice, people complain, then vote in new leaders, but the system itself remains the same, and nothing changes,” he lamented.
He concluded that the incoming Chief Justice must be judged not just on their legal background but on their ability to reform and modernize the judiciary to restore public trust.
President John Dramani Mahama has nominated the acting Chief Justice, Justice Paul Baffoe-Bonnie, for consideration as the substantive Chief Justice.
When considered by the Council of State and approved by Parliament, Justice Baffoe-Bonnie will replace Justice Gertrude Sackey Torkornoo who was removed from office by President Mahama following a recommendation by a committee that found her guilty of misconduct.
Justice Baffoe-Bonnie was appointed to serve as acting Chief Justice following the suspension of Gertrude Torkornoo on April 23 this year.
He assumed the position of acting Chief Justice by virtue of his position as the most senior Justice on the Supreme Court Bench, in line with Article 144 (6).
By Christabel Success Treve
