Private legal practitioner Martin Luther Kpebu has asserted that Ghana’s constitution does not permit true separation of powers in a democracy.
According to him, the law makes the Judiciary a mere appendage of the Executive, given how appointments are made, with the Judiciary also having to depend on the Executive to operate.
His comments come on the back of the President’s involvement in the processes to remove the Chief Justice from office which includes her initial suspension.
Kpebu explains that the constitution, to some extent, makes the Judiciary subservient to the Executive, making the principle of separation of powers almost nonexistent in Ghana’s democracy.
The astute legal practitioner was speaking on the KeyPoints on TV3 Saturday, May 3, 2025, where he labelled the governance system as a “buy-one-get-one- free.”
“If you talk about separation of powers, and you can talk about the head of the Executive, play a crucial role in the removal of the head of a coordinate branch, ie the judiciary, then it means that we almost have no separation of powers.
“When Chief Justice Torkornoo wrote the letter to Akufo-Addo last year and we had to debate, –that’s the list of five [justices] –I kept using this phrase that in Ghana our constitution is modeled in such a way that ‘you buy one you get one free’. You buy the Executive, you’re the President, then you get the Judiciary for free through the appointments and also through financial inducements,” he explained.
Mr. Kpebu’s comments follow the suspension of Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, by President John Dramani Mahama. The decision followed the establishment of a prima facie case in response to three separate petitions seeking her removal from office.
The decision, in line with Article 146(6) of the 1992 Constitution and taken in consultation with the Council of State, was announced on Tuesday, April 22, 2025, marking a significant moment in Ghana’s judicial history, as the head of the Judiciary faces an inquiry into her conduct.
Although the specific allegations contained in the petitions have not been publicly disclosed, they have stirred widespread debate within the legal and political circles, raising questions about judicial accountability and integrity of the judiciary’s leadership.
In accordance with constitutional procedures, Chief Justice Torkornoo was furnished with copies of the petitions and given 10 days to respond, which she submitted on April 7, 2025.
Following a review of the response and further consultations, the President determined that a prima facie case had been established. Consequently, a five-member committee was constituted under Article 146(6) to investigate the matter.
The committee is composed as follows:
Justice Gabriel Scott Pwamang, Justice of the Supreme Court – Chairman
Justice Samuel Kwame Adibu Asiedu, Justice of the Supreme Court – Member
Daniel Yaw Domelevo, Former Auditor-General – Member
Major Flora Bazwaanura Dalugo, Ghana Armed Forces – Member
Professor James Sefah Dzisah, Associate Professor, University of Ghana – Member
Per Article 146(10) of the Constitution and upon the advice of the Council of State, the President issued a warrant for the suspension of the Chief Justice pending the outcome of the committee’s investigations.
Martin Kpebu added that the constitution gives too much power to the Executive, citing the notion that it was written to appease the late President Rawlings, and called for it to be amended since Rawlings is no longer in the picture.
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