Professor Baffour Agyeman-Duah has called for extensive structural reform of how Ghana appoints and removes Chief Justices, as part of the ongoing constitutional review process.
According to him, the current arrangement where the President plays a key role creates the perception of executive interference in the affairs of Judiciary.
He said this undermines public confidence in the independence of state institutions.
“Once the executive appears to be part of the process, it creates all these kinds of concerns. We must look at how we create a new structure of relationship that will insulate each of the three arms of government from each other,” he suggested while contributing to discussions on TV3’s KeyPoints show on May 3.
The governance expert cited Kenya as a model where judicial independence is protected through an independent Judicial Council responsible for appointing the Chief Justice, subject to parliamentary approval.
“If we can borrow from Kenya’s example, where it’s advertised, people apply, and the best is selected by an independent body, I think that’s a better way,” he suggested.
Prof. Agyeman-Duah says the constitutional review spearheaded by Professor H. Kwesi Prempeh offers Ghana a historic opportunity to fix this long-standing imbalance.
He noted that under the current arrangements, President John Mahama has not erred in initiating the process to remove the Chief Justice.
The former UN advisor said Mahama’s actions are consistent with constitutional requirements.
“From my limited perspective, I think the president is doing what he’s required to do. I don’t find any fault with what he’s done,” he stated.
While Prof. Agyeman-Duah acknowledged that he is not a lawyer and cannot delve into the legal intricacies, he insisted the constitutional process is being rightly followed.
His comments come in the wake of public debate following Mahama’s petition to remove the Chief Justice.
Despite criticism from some quarters, he believes this moment is a test of Ghana’s democratic resilience.
“It’s great that we are proving something to ourselves as Democrats. This is testing the resilience of the system,” he said.
