Current mode of appointing CJ makes them dance to the tune of appointing authority – Gyampo

The CEO of the Ghana Shippers Authority Professor Ransford Gyampo has criticized the current processes for appointing judges in Ghana, particularly the Chief Justice, describing it as politically biased and lacking meritocracy.

Prof. Gyampo questioned the rationale behind the country’s constitutional arrangement, which grants the president significant power in appointing judges “in consultation with” advisory bodies largely influenced by the same executive.

“This power of appointment is exercised in a manner that does not fully satisfy the Weberian conception of meritocracy,” he stated on the KeyPoints on April 19.

According to him, the method allows presidents to bypass more qualified and senior judges in favour of individuals who may lack the necessary experience and competencies.

“There are so many senior judges on the Supreme Court, but the appointment power is exercised in a manner that disregards these seniors,” he noted.

“They pick someone who doesn’t have that kind of experience… and just appoint them Chief Justice.”

Prof. Gyampo warned that such politically motivated appointments breed loyalty not to the Constitution or the nation, but to the appointing authority.

“Once you know you’ve benefited from political grace, you tend to want to sing or dance to the tune of your appointing authority,” he said.

He described the ripple effect of such appointments as newly appointed judges becoming overly deferential, losing their objectivity and independence.

“Soon after your appointment, you see the comportment, conduct, and public utterances of these appointees… they do everything possible to please the one who appointed them,” Prof. Gyampo added.

Theformer lecturer called for a rethinking of how judicial appointments are made, suggesting Ghana consider systems used elsewhere where judges undergo competitive exams, interviews, or even direct elections.

“If we continue to appoint judges the way we’ve been appointing them, we’ll always continue to face this kind of challenge,” he warned.