By Ashiadey Dotse
Professor Baffour Agyemang-Duah, a respected governance expert, has called for a reform of Ghana’s constitutional process on appointing and removing the Chief Justice, arguing that it should be completely freed from executive influence.
Speaking on TV3’s Key Point show on Saturday, May 3, 2025, Prof. Agyemang-Duah stressed that while the current process, which involves the President acting in consultation with the Council of State, is constitutionally valid, it raises concerns about the independence of the judiciary. “The President has followed the Constitution, so I don’t fault him,” he said. “But my problem is with a system that allows the executive to be involved at all.”
He emphasized the importance of maintaining the independence of the three arms of government—executive, legislature, and judiciary. “While they may not be equal, each plays a vital role in checking the others. That balance is essential in a democracy,” he said.
Prof. Agyemang-Duah suggested that Ghana could learn from countries like Kenya, where the appointment of a Chief Justice is handled by an independent Judicial Council through a transparent and merit-based process. “In Kenya, the President does not appoint the Chief Justice. Candidates apply, go through vetting, and the best is chosen and approved by Parliament,” he explained.
He added that this type of system reduces political interference and builds public trust. “We’ve politicized almost everything in this country, and that’s dangerous,” he warned.
While supporting the ongoing constitutional process involving the Chief Justice, he said it should also serve as an opportunity to rethink the system. “This is testing our democratic resilience. I believe we’ll come through this, but let’s use it to make real reforms,” he said.
