Private legal practitioner Martin Kpebu recently raised serious concerns about the perceived politicization of Ghana's Supreme Court, arguing that the appointment process for justices has embedded political biases that compromise the court's neutrality.
Speaking on TV3's Key Point program monitored by MyNewsGh.com, Kpebu highlighted the deep-rooted influence of the two dominant political parties, the New Patriotic Party (NPP) and the National Democratic Congress (NDC), in the court's appointment process.
Kpebu's remarks followed recent discussions about the judiciary's role in interpreting the constitution, particularly on politically charged issues. "On the matter of jurisdiction, we can't fault [the justices] right now; we can fault the constitution," Kpebu stated, pointing to the expansive powers it grants the president in appointing Supreme Court judges.
This authority, according to Kpebu, has allowed successive governments to stack the court with justices who have ties to the appointing party. "The constitution has given so much power to the president to appoint," he argued, noting that this has effectively transformed the court into what he termed a "political organization." Reflecting on the implications of this politicization, Kpebu noted, "The appointment of the Supreme Court justice is not by examination; it is by affiliation." He explained that NPP and NDC leaders tend to favour nominees with ideological alignments or long-standing affiliations, creating an atmosphere where judicial decisions are perceived through a political lens.