Yaw Nsarkoh has called for an independent body to appoint judges to Ghana’s superior courts, saying the president should have no role in the process if the judiciary is to be protected from political influence.
“The President must be out of it. Completely. No nomination, no appointment, no consultation that becomes de facto control,” Nsarkoh said during a lecture in Accra on October 20.
His proposal formed part of a broader call to reform Ghana’s justice system, including changes to judicial appointments, prosecutorial independence and court administration.
Speaking at an event organised by JoyNews and a group of professionals under the theme “Even Judges Must Eat: An Outside-In Provocation,” Nsarkoh argued that judges could be discouraged from ruling against the interests of powerful political figures if their promotions, postings and career progression were vulnerable to political pressure.
He said reforms should focus on changing the institutional conditions under which judges operate, rather than relying on individual judges to resist such pressures.
Nsarkoh also questioned whether the existing constitutional process provided sufficient protection against a president determined to remove a senior judge. He proposed giving medically fit retired Supreme Court judges a role in proceedings involving attempts to remove Supreme Court judges.
Citing Afrobarometer figures in his presentation, he said public trust in the courts had fallen to 38% in 2022 from 61% in 2002, while 57% of respondents believed judges were influenced by political leaders.
The figures, he argued, underscored the need to strengthen public confidence in the judiciary.
Calls for independent prosecution
Nsarkoh also called for an independent prosecutorial institution, arguing that the current arrangement, under which the Attorney-General is appointed by the president and serves in Cabinet, could raise questions about the impartiality of politically sensitive prosecutions.
He said the justice system needed institutions capable of pursuing cases involving powerful political figures without undue interference.
He also called for changes to court administration to address delays and improve efficiency, arguing that disputes over land, chieftaincy and funerals were placing pressure on the courts.
Rather than relying mainly on appointing more judges or building additional courtrooms, Nsarkoh said the causes of such disputes should be addressed and the courts made more efficient.
He proposed strengthening the High Court’s role in resolving disputes so that the higher courts could concentrate on constitutional questions and appeals that warranted their attention.
He also called for greater use of technology in case management and scheduling, criticising practices that give excessive weight to seniority in the legal profession when allocating court time.
Appiagyei-Atua urges transparency in appointments
Responding to Nsarkoh’s proposals, Kwadwo Appiagyei-Atua agreed that judicial independence required changes to the systems governing judges’ careers but said Ghana should also build on existing proposals for constitutional reform.
In a response titled Who Sets the Table? Six Additions to the Case for Judicial Reform in Ghana, Appiagyei-Atua pointed to recommendations in the Constitution Review Committee’s report, Transforming Ghana: From Electoral Democracy to Developmental Democracy.
He called for greater transparency in the Judicial Council’s work, including public advertisement of vacancies, published selection criteria, open interviews for shortlisted candidates and disclosure of recommended nominees.
Appiagyei-Atua also cited the 2025 removal of a sitting Chief Justice, arguing that the concentration of key decisions in the presidency had fuelled competing public interpretations of the process.
He said the experience showed why judicial processes needed safeguards that would reinforce public confidence in their independence.
On prosecution, Appiagyei-Atua said Ghana’s experience with the Office of the Special Prosecutor demonstrated that creating an institution did not automatically guarantee its independence.
He called for constitutional protections for prosecutorial funding and security of tenure, alongside a separation of the Attorney-General’s prosecutorial responsibilities from the role of Minister of Justice.
He also proposed verified asset declarations for judges, a public complaints system with published outcomes, and clear rules governing judicial transfers and postings.
Judges’ independence, he argued, depended not only on salaries and constitutional tenure but also on decisions about housing, security, transfers and promotions that could leave them vulnerable to pressure.
Debate extends to democratic accountability
Appiagyei-Atua broadened the debate, describing Ghana’s democratic system as a “Ponzi democracy” in which citizens invest their votes and trust but fail to receive the expected benefits of accountable governance.
He linked this to corruption, patronage and weak institutional accountability, arguing that the problems extended beyond the judiciary.
Nsarkoh similarly questioned whether Ghana’s political system was delivering justice, dignity and development to ordinary citizens, urging professionals to take greater responsibility for protecting public institutions.
Their contributions put the spotlight on how Ghana appoints, supervises and protects its judges, and whether the institutions responsible for administering justice can operate independently of the political interests they may be required to scrutinise.
Read the full speech: Yaw Nsarkoh’s Even Judges Must Eat: An Outside-In Provocation
