Chief Justice’s role too powerful, vulnerable to abuse

Chairman of the Constitutional Review Committee, Professor Kwasi Prempeh, has expressed concern over the excessive powers vested in the office of the Chief Justice in Ghana, stressing the urgent need for constitutional reforms to regulate them.

Prof. Prempeh noted that the Chief Justice currently wields both judicial and administrative authority over the country’s courts. This dual role, he said, creates a highly centralised system that leaves the office vulnerable to political manipulation.

Speaking at a Learning and Exchange event organised by the African Judicial Independence Fund (AJIF), Prof. Prempeh warned that the Chief Justice’s exclusive power to empanel and assign judges to cases is susceptible to abuse and can undermine public trust in the judiciary.

“The larger the court, the greater the temptation for the Chief Justice to feel empowered to empanel judges for specific cases. Even if that power is used, it must be regulated to avoid perceptions of bias. Once politicians recognise the extent of the CJ’s authority, they’ll start targeting the office,” he cautioned.

He also highlighted weaknesses in the processes for appointing and removing Supreme Court justices, urging reforms to make these procedures more inclusive and transparent.

“We need more stakeholders involved in the nomination process to prevent it from becoming the president’s sole decision, rubber-stamped by a compliant partner. As for removals, we initially overlooked this because it wasn’t commonly applied to judges. But after its use against the CHRAJ Commissioner, then the Electoral Commission, and now the Chief Justice, precedent has been set—so both processes need to be revisited,” Prof. Prempeh emphasised.

The African Judicial Independence Fund (AJIF), launched by Afrobarometer last year, aims to tackle complex judicial challenges across the continent. The fund seeks to restore public confidence in Africa’s judiciary and bolster judicial independence.

According to Afrobarometer’s Round 9 (R9) survey conducted in 39 African countries, 38% of citizens believe most judges are corrupt—an alarming indicator of eroding trust in the judicial system.
In an interview with Citi News, AJIF Fund Manager Saeed Salahudeen explained that the Learning and Exchange event was designed to foster collaboration and knowledge-sharing among judicial reform advocates and institutions across Africa.

“We’re here to reflect on the challenges we’ve overcome, the innovations we’ve seen, and to learn from our partners in countries like Angola, Senegal, Mali, Kenya, and others,” he said.

Salahudeen also hinted at upcoming interventions shaped by Afrobarometer’s findings. These initiatives will focus on strengthening judicial independence through reforms such as merit-based appointment systems, security of tenure, financial autonomy, accountability structures, and regional cooperation. Implementation is expected to begin soon.