Accra, May 5, GNA – The Africa Judicial Independence Fund (AJIF) has urged strict adherence to constitutional processes and a commitment to protecting democratic institutions in addressing the removal of the Chief Justice.
The removal process is governed by Article 146 of the 1992 Constitution.
In a statement signed by Prof. Willy Mutunga, AJIF Advisory Board Chair, and Saeed Salahudeen, Esq., AJIF Fund Manager, the Fund stressed that the President must act on the committee’s recommendation regarding the Chief Justice’s removal.
It said the process was designed to shield the judiciary from political interference and uphold its independence, integrity, and dignity.
The statement noted that, based on available information, constitutional procedures for the removal appeared to be followed, with no evidence of subversion.
“The Africa Judicial Independence Fund (AJIF) takes no position on the merits of calls for the removal of the Chief Justice,” it said.
However, AJIF raised concerns about weaknesses in the constitutional framework governing judicial appointments and removals, warning that it left room for manipulation and political influence.
It called for urgent reforms to safeguard judicial independence, echoing concerns repeatedly raised by civil society groups, legal experts, and political commentators.
A public lecture held by Solidare Ghana and the University of Ghana on October 24, 2023, highlighted growing concerns about judicial partiality and a deepening crisis of confidence among citizens.
The statement cited media reports alleging executive overreach, including partisan judicial appointments.
It warned that removing or retaining the Chief Justice without deeper institutional reforms would not address structural issues undermining judicial independence.
Restoring public trust, it said, required transparent judicial appointments, strengthening the Judicial Council’s independence, ensuring adequate resources, and promoting accountability without weakening the rule of law.
Reforms, the statement emphasised, must be rooted in constitutionalism, guided by national interest, and focused on strengthening democratic institutions.
It cautioned that deciding on the Chief Justice without tackling systemic issues would worsen the judiciary’s challenges.
“We therefore call on all stakeholders to pursue reform through deliberate, lawful, and participatory processes that uphold the sanctity and independence of the judiciary,” it added.
Only then, it said, could a truly impartial and trusted system of justice be built.
GNA