Martin Kpebu
Private legal practitioner Martin Kpebu says the authority to appoint Ghana’s Chief Justice should no longer rest with the President under the country’s new constitution.
Mr Kpebu argued that Article 144 of the 1992 Constitution, which empowers the president to make such an appointment, undermines judicial independence. He believes excluding the president from the process will boost public confidence in the judiciary.
In an interview with Citi News, he suggested that Parliament should continue to vet and approve nominees but cautioned against giving the legislature excessive influence. “We are not practicing a full parliamentary democracy, so Parliament must not be given unlimited authority in the appointment and removal of the Chief Justice,” he said.
The lawyer further called for offences within the judiciary to be clearly categorised, similar to the Police Service Regulations (CI 76), to provide guidance for disciplinary actions. He stressed that sharing powers among state institutions is vital to upholding constitutionalism and preventing abuse of authority.
Mr Kpebu’s remarks follow President John Dramani Mahama’s decision to dismiss Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, based on the recommendation of an Article 146 committee set up to investigate allegations against her.