With elections in December, widespread perceptions of political bias in Ghana's Supreme Court threaten the democratic process.
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Many Ghanaians and the NDC accused the Supreme Court of bias and interfering in Parliament’s work. This has created a stalemate in Parliament, leading to rising political tensions ahead of the December polls and the indefinite adjournment of Parliament.by a Ghanaian law professor showed that judges voted in favour of the political parties that appointed them – and almost all the current justices are appointed by the president. Public confidence in the judiciary is thus at an all-time low.
These are just some examples that fuel the perception that the Supreme Court favours the government. As a result, National Security Minister Albert Kan-Dapaahthat if the interpretation of the law persistently favoured the government, people would lose confidence in the judiciary and take the law into their own hands. A former chief justice has alsoThe lack of trust in the judiciary could lead to a breakdown of the rule of law and undermine the democratic process.
First, the appointment of the chief justice should be more transparent. The Judicial Council can shortlist senior judges, who will be publicly interviewed for the job. The best candidate can then be identified for appointment by the president, subject to parliamentary approval. This will convince citizens that the chief justice is selected on merit – not political considerations. Appointing Supreme Court judges can follow a similar procedure.
Finally, to assuage concerns that unanimous decisions reflect bias, Supreme Court justices should write and submit their individual opinions, especially on sensitive political cases which attract extensive public interest.
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