Ghana: Amidu Questions Constitutionality of Vickyleak Probe

opinion

I write to question the Constitutionality of the Committee set up by the Chief Justice and the Judicial Council to investigate allegations of judicial misconduct contained in a secret, illegal and unethical tape recording of a former deputy minister of communications in the present Government. The Committee is alleged to be chaired by Dr. Justice Date-Bah, a recently retired justice of the Supreme Court.

My contention is that the Constitution does not entrust any disciplinary power over superior court justices to the Chief Justice or the Judicial Council or to an appointments and disciplinary committee or any other committee of the judicial council. The independence of the judiciary and the individual justice in the performance of his judicial functions are guaranteed in article 127 by the framers of the Constitution. The reason for those provisions is simple. Mahama v Soli [1976] 2 G. L. R 99 and those lines of cases showed how Chief Justices tried to interfere with superior court justices in the performance of their judicial functions.

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