Kpebu describes constitutional provision on relationship between Executive and Judiciary as buy-one-get-one-free

Private legal practitioner, Martin Kpebu has reiterated his concern over the enormous powers granted by the 1992 Constitution to the Executive over the over the Judiciary.

Speaking on the KeyPoints, he described Article 144 which allows the president to appoint justices in consultation with the Council of State and with parliamentary approval as problematic.

“In Ghana, our constitution is modelled in such a manner that you buy one, then you get one free. You buy the executive, then you get the judiciary for free,” he stated on May 3.

He stressed that through appointments and financial incentives, the judiciary can fall for executive control.

He argued that such a setup violates the principle of separation of powers, calling the arrangement “unwieldy” and “undemocratic.”

He urged for constitutional reforms to strengthen judicial independence, asserting that “politicians are not angels” and the law should be written to reflect that.

Mr Kpebu criticized the 1992 Constitution for being written as though politicians were “philosopher kings.”

“This constitution is written as if our presidents and politicians would be angels. But we are not philosopher kings. We are human beings who fall short,” he said.

He pointed out that the constitution’s structure gives excessive leeway for political manipulation and lacks the safeguards necessary to ensure true separation of powers.

Meanwhiule, Mr Kpebu has criticised the Ghana Bar Association (GBA) for calling its statement on the Chief Justice’s suspension a “resolution.”

He stated that the use of that term has politicized the matter and complicated public perception.

“They shouldn’t have called it a resolution. The moment you call it that, especially in this politically charged environment, people will read politics into it,” he explained.

Kpebu said he would have signed it had it been framed as an “appeal” instead.

“If you call this an appeal, I’ll be the first to sign,” he stated. He also noted that the timing of the GBA’s conference and lack of adequate notice to members further weakened the legitimacy of the decision.

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