The President of the Ghana Bar Association (GBA), Mrs. Efua Ghartey, has suggested the possibility of holding a public hearing in the ongoing petition seeking the removal of Ghana’s Chief Justice. She made this significant proposition during the Ghana Bar Association’s Mid-Year Review Conference held in Accra on April 26, 2025.
Addressing legal professionals gathered at the event, Mrs. Ghartey acknowledged that although the 1992 Constitution mandates that such proceedings should be conducted in camera, the current national discourse surrounding the petition had rendered the original intention obsolete. She highlighted that in an age dominated by social media and rapid information sharing, the spirit of the constitutional provision — to preserve the dignity of the judiciary and protect the privacy of the individual involved — has been fundamentally undermined.
“In view of the fact that the petition, along with all associated matters, is already widely circulated in the public domain, it might serve the interest of transparency and democracy better if the hearings were conducted openly,” Mrs. Ghartey stated.
Speaking further on the sidelines of the conference, the GBA President emphasized that public scrutiny would reinforce the judiciary’s credibility rather than diminish it. “Justice must not only be done but must manifestly and undoubtedly be seen to be done,” she remarked, referencing the famous legal maxim. She added, “In this social media era, where information spreads uncontrollably, the best way to uphold the integrity of the judiciary may well be through live, televised hearings.”
Mrs. Ghartey also raised an important legal question regarding the rights of the individual involved — in this case, the Chief Justice. She suggested that since the constitutional provision for a private hearing primarily exists to protect the rights of the person against whom the petition is made, it might be possible for the Chief Justice herself to elect for a public hearing.
“Could the Chief Justice choose to waive the right to an in-camera hearing?” she asked. “If so, this would pave the way for proceedings to be held openly, with the full glare of public attention ensuring transparency and safeguarding the judiciary’s image.”
The GBA President’s remarks come at a time when the petition to remove the Chief Justice has gripped the nation’s attention. The matter, along with the full text of both the petition and the response, has been widely shared online, fueling intense public debate. News outlets, legal analysts, political commentators, and social media users across Ghana are dissecting every aspect of the case, highlighting the deep public interest in the matter.
Mrs. Ghartey’s proposal for a public hearing is seen by many as a timely and courageous move aimed at maintaining public confidence in Ghana’s judicial system. Legal observers note that such an unprecedented step could also set a benchmark for transparency in high-profile judicial proceedings in the country.
The constitutional context for the proceedings is rooted in Article 146 of the 1992 Constitution of Ghana, which stipulates that the President, upon receiving a petition for the removal of a justice of the Superior Court, including the Chief Justice, must act in accordance with the advice of a committee appointed by the Judicial Council. The article requires the proceedings to be held in camera to protect the dignity and reputation of those involved unless otherwise waived.
However, with the widespread dissemination of petition details, some legal experts argue that maintaining the in-camera approach in this case could paradoxically create more suspicion rather than shield the judiciary from public scrutiny. Mrs. Ghartey’s comments reflect this growing consensus among some sections of the legal community.
“In situations where the sanctity of the process is already compromised by public leaks, the best antidote might be radical transparency,” noted a senior lawyer who attended the conference but preferred to remain anonymous. “The suggestion by the GBA President opens the door to a national conversation about how we adapt constitutional procedures to new realities without sacrificing the core principles of justice.”
Political and civil society groups have already begun weighing in on Mrs. Ghartey’s comments, with some supporting the idea of live hearings to foster accountability. Others caution that public hearings could risk turning serious judicial proceedings into political theatre, potentially undermining the solemnity of the process.
Meanwhile, the petition to remove the Chief Justice continues to dominate headlines, with many Ghanaians eagerly awaiting updates on how the situation will unfold. Both the government and the judiciary have so far maintained a cautious silence, emphasizing their commitment to constitutional procedures.
At the Mid-Year Conference, Mrs. Ghartey reaffirmed the Ghana Bar Association’s dedication to upholding the rule of law and protecting the independence of the judiciary, regardless of the political tensions surrounding the petition. She emphasized that the GBA would continue to advocate for processes that inspire public trust in the legal system.
“The Ghana Bar Association believes firmly in the sanctity of our Constitution and the independence of our judiciary,” she stated. “At the same time, we recognize that public confidence is the bedrock of judicial authority. In balancing these two, we must sometimes rethink how best to fulfill our constitutional obligations in a changing world.”
As Ghanaians await further developments, the possibility of a public hearing, as suggested by Mrs. Ghartey, adds a new dimension to what is already one of the most closely watched legal matters in the country’s recent history.
