Petition to President on CJ removal
Sir, the three arms of government —the Executive, the Legislature, and the Judiciary —are the vehicles that convey the main ideas of government.
The three key figures, the President, the Speaker of Parliament and the Chief Justice (CJ), are the leading figures in governance.
The removal of the Chief Justice is an information that pierces through the hearts of many Ghanaians with uneasiness.
A sediment of uncertainty has settled on the hearts of many Ghanaians.
This process stems from the requirements of the Constitution.
Observations
a) The removal of the CJ is strange to many Ghanaians. Many Ghanaians are not aware of this possibility as enshrined in the 1992 Constitution.
b) There are two groups of people, those who want the President to move with the quickest alacrity to initiate the process of the removal of the CJ, and those who think the President should temper mercy with justice.
c) It is a commendable humane deed of the President for giving copies of the petition to the CJ, and giving her time to assemble her facts to defend the allegations.
He has respected the principles embedded in Human Rights.
The President was reasonably flexible on Article 146 (6).
The President, who is the head of the executive, derives his mandate from the people.
The President contests and wins an election.
The Speaker of Parliament, or the Chairman of Parliament, as some may term it, is elected by Members of Parliament.
The third arm of government, the CJ, is appointed by the President or the Executive arm of government, so his or her lifespan can depend on the executive.
It is expected that the separation of powers works effectively where each of the organs becomes independent.
For effective governance, that should be the practice.
In my opinion, the CJ should be elected by the judiciary. Interested candidates should apply for the position.
They must go out and campaign with their manifestos.
Eligible voters should be judges and magistrates from the various courts in any given country.
If that becomes the practice, then the CJ will derive his or her mandate from the judiciary.
An electoral college will be constituted, where all judges will be eligible to vote.
There must be a judicial committee that monitors the day-to-day running of the Judiciary.
Should there be the need to impeach or remove the CJ, the Judicial Committee will call the CJ and inform him/her that his/her performance or attitude may not permit them to continue their duties.
Both the Judicial Committee and the Judicial Council will have to bring to the chief justice's attention issues that could lead to His/her removal.
He/she must be given the prompting on his/her lapses and shortcomings in their administration.
Where there is persistent insubordination and disregard for laws and constituted authority, a vote of no confidence will be passed by the majority of electorates who voted him or her into power.
The International Court of Justice should endeavour to adopt this proposal as an international agenda to promote fairness in the separation of powers.
The United Nations Department of Political Affairs should also pour itself into the implementation of this proposal, which I think is laudable.
This will strengthen democratic processes in governance and promote fairness.
Checks, balances
The actual checks and balances will be amplified where we see that all three arms of government are fully independent from each other to a larger extent.
“Nobody has a monopoly over the truth, nobody can force their model on the other, let's learn from each other’s experience”—Mikhail Gorbachev, former President of the former Soviet Union. (Ne kto ne imeet monopolia na istinu).
We should be open to cooperation and discussions on issues relating to the law, while exploring new ideas and avenues to consolidate our democracy here in Ghana and abroad.
The other way round will be the Judicial Committee, made up of representatives of all the courts from the District Court to the Supreme Court.
The Judicial Committee can vote on the continuity of the CJ or the termination of his or her appointment.
The writer is an initiator, International Forum on the Status of Refugees in the World;
Convener, Kofi Annan Memorial Lecture,
Senior Lecturer, University of Ghana.
E-mail: aaboasiako@ug.edu.gh; aboasiako@yahoo.com
