Legal practitioner Martin Kpebu has called for a departure from the long-standing tradition of holding in-camera hearings for petitions seeking the removal of a sitting Chief Justice, arguing that such proceedings no longer align with Ghana’s current democratic expectations.
Speaking on TV3 on Thursday, June 26, Kpebu emphasized that transparency and public scrutiny are critical to maintaining trust in the judiciary, particularly in cases involving the country’s top judicial officials.
“The in-camera hearing is not good for our democracy at all. We have grown. When this practice was introduced some 33 years ago, the system was different. But now, we’ve evolved and become more refined as a people. We are demanding greater accountability,” he told 3news.com.
Kpebu argued that the veil of secrecy surrounding these hearings shields judges from public accountability, which he believes undermines confidence in the justice system. He noted that the judiciary, once regarded as beyond reproach, must now be subject to the same levels of scrutiny as other public institutions.
“If a Chief Justice is being held accountable, the public deserves to see and hear the proceedings. This ensures that judges know from day one that if they engage in wrongdoing, the public will witness how justice is served,” he stated.
He cited the United States as a model, where cases involving judicial misconduct—especially at high levels—are typically conducted in open congressional sessions.
“In the US, proceedings involving judges are dealt with in Congress and are open to the public. We must learn from that,” he said, adding,
“I am also a lawyer so why is that if my classmate who is a Judge suddenly does something wrong, we should not see how it is dealt with, no. Let’s all see how it is being dealt with in court. When it is guaranteed to be a secretive hearing, it is not conducive for accountability.”
Kpebu’s comments come as public discourse intensifies over the ongoing petition to remove Chief Justice Gertrude Sackey Torkornoo. Following the submission of the petition, President John Dramani Mahama set up a committee to investigate the matter, which led to her suspension.
Currently, Article 146(8) of Ghana’s 1992 Constitution mandates that such proceedings be conducted in-camera.
However, Kpebu and other legal commentators are increasingly questioning whether this provision aligns with evolving democratic standards and the public’s right to transparency.
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