Professor H. Kwasi Prempeh, Chairman of Ghana’s Constitutional Review Committee, has sharply criticized the country’s current judicial system, labeling it an “imperial” design that concentrates excessive power in the hands of the Chief Justice. He argues this structure poses a significant threat to judicial independence by creating avenues for interference from the political executive.
Speaking at the Journalists for Inclusive Futures (AJIF) Learning and Exchange Event in Accra, Professor Prempeh highlighted the unique breadth of the Chief Justice’s authority in Ghana. Unlike systems in other nations, such as Kenya where the Chief Justice is solely a member of the Supreme Court, Ghana’s Chief Justice simultaneously heads the Supreme Court, the Court of Appeal, and the High Court.
“Here, one person straddles the entire judicial hierarchy,” Professor Prempeh noted, emphasizing that this consolidated power demands a critical re-evaluation.
He further explained that with over 20 justices under the Chief Justice’s purview, the power to empanel — or select judges for specific cases — is “amplified.” This, he warned, enables potential manipulation, particularly in politically sensitive cases, thereby undermining the impartial administration of justice.
Professor Prempeh’s remarks underscore growing concerns about the institutional design of Ghana’s judiciary and its implications for democratic governance and the rule of law. His committee’s insights are expected to fuel further debate on potential reforms to safeguard the integrity and autonomy of the nation’s courts.