Professor Baffour Agyeman-Duah is a former UN Senior Governance Advisor
Former UN Senior Governance Advisor, Professor Baffour Agyeman-Duah, has proposed to the Constitution Review Committee to amend Article 146 of the 1992 Constitution, which outlines the procedures for removing the Chief Justice from office.
Speaking on JoyNews on September 3, 2025, Prof Agyeman-Duah said that the appointing power must be taken away from the executive branch of government, specifically the president.
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He argued that the current process exposes the judiciary to partisan interference and undermines the constitutional balance of power.
“The system of selecting or appointing our Chief Justice must be reviewed. It should be taken away from the executive. The president should not be appointing chief justices, especially if we are arguing on the basis of the balance of power,” he said.
“… I heard some NPP members (sic) also saying ‘when we come to power, the Chief Justice will be sacked’. Look at this. We’ve got to be serious with ourselves and I’m concerned about this. So, we must decide what must be done to curb such issues, especially since we have an already ongoing process to review the Constitution. We must think seriously about reviewing this aspect of the constitution to take away the power from the executive in the appointment of Chief Justices,” he added.
Prof Agyeman-Duah referenced African countries like Kenya, which he said have separated the appointment of Chief Justices from presidential powers, stating that Ghana can also take lessons from them.
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“And if you want a good example, go to Kenya, not Europe or America. Go to Kenya and see how they elect or select their chief justices. They have insulated the whole process away from the executive; precisely because of the issues I’m raising and the challenges that we are facing. We don’t want that,” he said.
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