Togbe Afede XIV, the Agbogbomefia of Asogli State, has publicly called for a comprehensive review of the appointment process for Supreme Court judges. He specifically questioned the absence of a constitutional upper limit on the number of judges, arguing that this creates room for political considerations in judicial appointments.
This significant call was made at the grand durbar marking the 150th anniversary of the Supreme Court of Ghana, held at the University of Professional Studies, Accra (UPSA). Togbe Afede emphasized that a national reflection is needed to strengthen the judiciary's independence and public confidence. He stated that the current system allows for continuous additions of judges, potentially to satisfy political objectives, which undermines impartiality.
This discussion on judicial appointments is crucial for Ghana's democratic health and economic stability. A judiciary perceived as impartial and strong is vital for attracting investment and ensuring the rule of law, which underpins all economic activity. Concerns about political influence in judicial appointments can erode public trust and potentially deter foreign direct investment, as investors seek stable and predictable legal environments. The integrity of the judiciary directly impacts contract enforcement and property rights, key pillars of a functioning market economy.
Togbe Afede stated, “We need to take a second look at the way we appoint our justices. From the beginning they are made to be impartial and there is absence of an upper limit to a total number of Supreme Court Judges. We keep adding and adding to satisfy political objectives.” His remarks underscore a growing sentiment among some stakeholders regarding the need for institutional reforms to safeguard democratic principles.
The implications of such a review could be far-reaching, potentially leading to legislative changes in how judges are selected and confirmed. Decision-makers in government and the legal fraternity will likely respond to these calls, considering the potential impact on judicial independence and public perception. A more transparent and merit-based appointment system could bolster Ghana's reputation for good governance, which is essential for sustained economic growth and stability. The judiciary's ability to effectively combat issues like illegal mining, or 'galamsey', and corruption, as highlighted by Togbe Afede, also depends on its perceived independence and strength. He expressed confidence that the judiciary could defeat both galamsey and corruption, stating, “The key to doing both is with the judiciary.”
The Supreme Court, established on July 24, 1876, has played a pivotal role in Ghana's democratic development, enduring various constitutional and political changes, including periods of military rule. Mrs. Efua Ghartey, President of the Ghana Bar Association, also spoke at the event, commending the Supreme Court for its legacy of resilience and constitutional stewardship over 150 years. She noted that the anniversary provided an opportunity to reflect on and honor institutions that have safeguarded the country’s liberties across generations. The call for reform by a prominent traditional leader like Togbe Afede adds significant weight to the ongoing national dialogue about institutional strengthening and good governance. This dialogue is critical for ensuring that Ghana's legal framework remains robust and responsive to the needs of its citizens and the demands of a modern economy.