GBA President Suggests Public Hearing in Petition Against Chief Justice
In a development that might set the stage for public trust in the judiciary, the GBA President, Yaw Acheampong Boafo, has called for the pending petition against the Chief Justice to be pursued with a public hearing. In a judicial accountability forum organized at Accra on Friday, Boafo emphasized heightened transparency and citizen participation in matters that critically taint the country's justice system credibility.
The petition, which is signed by a team of civil society players and senior attorneys, accuses the Chief Justice of misconduct and breach of judicial ethics. While details about the charges remain confidential due to judicial processes, individuals close to the petitioners are making indications of charges as varied as conflict of interest to administrative abuses.
Boafo, in his address, said, "The judiciary, as the vigilant sentinel of the rule of law, must not only be independent but seen to act with integrity and fairness. If allegations of serious charges are made against a sitting Chief Justice, it is in the cause of justice and public trust that the process has to be transparent, fair and open."
He further stated that public hearings would also demystify the inner workings of the judicial accountability system so that the public can have an improved understanding of how the judiciary addresses cases of internal impropriety. "Justice must not only be done but must manifestly and undoubtedly be seen to be done," Boafo paraphrased the popular maxim, stressing the need to preserve public confidence if any judiciary was to endure.
Traditionally, Ghanaian judicial misconduct hearings are held in camera to uphold the dignity of the office and protect the judiciary from excessive politicization. However, rising demands for openness in governance and in judicial proceedings have generated a national debate about whether existing conventions need to shift to suit contemporary democratic expectations.
Several legal brains and political commentators have joined the call by Boafo. Dr. Clara Beeri Kasser-Tee, a specialist in constitutional law, stated an open hearing would have the twin advantages of upholding the rights of the Chief Justice and affirming the precept that nobody is above the law. "This is the moment for the judiciary to prove its commitment to transparency and accountability," she declared in an interview on air.
Opponents of the plan, however, warn that a show in open court may further sully the image of the judiciary, particularly if the charges ultimately turn out to be baseless. A veteran retired judge, in an interview on background, cautioned, "The judiciary exists by public trust. A public hearing that degenerates into a media circus can do more harm than good."
In spite of the divided opinions, the GBA President maintained that transparency and due process were not mutually exclusive terms. He proposed setting up an independent panel to listen to the proceedings so that the hearings are conducted with the highest level of decorum and within established legal parameters.
The Office of the Chief Justice has made no public announcement regarding the petition or the request for a public hearing. Legal experts expect the Judicial Council to move swiftly, considering growing public interest and potential consequences for judicial independence, on how to proceed.
Meanwhile, civic society organizations have embraced the GBA President's bold call for openness, arguing that this can be a turning point in how Ghana tackles high-profile judicial accountability cases. The Centre for Democratic Development (CDD-Ghana) on Saturday released a statement, where they said, "Public hearings will strengthen democracy, promote judicial reform, and foster greater civic participation."
As the nation holds its collective breath for what happens next, the argument concerning transparency in the judiciary is just gathering momentum, with most looking at the way this petition is handled as a litmus test of Ghana's willingness to stick to the values of justice, equity, and due administration.
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