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Spencer Wan Blog of Wednesday, 8 January 2025

Source: Eric Afatsao

"Merit rather than favoritism": Sophia Akuffo demands that the Chief Justice appointment procedure be changed

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Former Chief Justice Sophia Akuffo has emphasized the need for openness and meritocracy in the process and advocated for the creation of an independent appointment committee to supervise the Chief Justice's selection.

During her Tuesday, January 7 appearance on Joy News' PM Express, she emphasized the shortcomings of the existing appointment system and the possible advantages of an independent commission.

Justice Akuffo addressed the issue of partisanship in judicial appointments by criticizing the idea that the Chief Justice's replacement should be changed in response to regime changes.

"To be really honest, that's a fairly basic call. It shouldn't operate that way," she stated. She emphasized the need of keeping the Constitution front and center and making sure its provisions are implemented.

The Chief Justice's appointment procedure is the fundamental problem, as Justice Akuffo noted.

The procedure used to appoint the judiciary—and, by extension, the Chief Justice—is flawed in the Constitution, she clarified.

To improve public trust and openness, the former Chief Justice suggested the creation of an independent appointment commission.

She said that an independent appointment committee of some kind would be in charge of carrying out an open nomination and selection procedure, which she believes will make the people feel more at ease.


“How people are to be nominated, how people are to be selected, what are the qualifications—these can all be done,” Justice Akuffo said, emphasizing the significance of clearly defining qualifications and criteria for nominations.

This approach has been more merit-based, she said, citing instances from other Commonwealth nations that have successfully implemented it.

As an example to follow, Justice Akuffo cited the Judicial Appointments Commission of the United Kingdom.

In the United Kingdom, a commission exists. She said, "It's an effort to make sure that it's more merit-based than largesse or a gift," suggesting that with this method, political patronage will have less of an impact.

Although she recognized that there would be difficulties, such deciding who would choose the commission members, she recommended that civil society organizations and other well-known organizations could be involved.

People will feel more at ease "as long as it is not at the direct whim of the presidency," she said.

Justice Akuffo believes that the court should be based on competency and impartiality rather than political affiliations, as evidenced by her comments.

"The judiciary must be viewed as independent, not only in its rulings but also in the selection of its leaders," she said.

Her plea supports reforms that increase judicial independence and public trust in legal institutions, which are in line with more general suggestions made for decades at the Commonwealth level.