Barker-Vormawor pens crucial 10-point plan for next AG to reform Ghana’s judiciary

Central to his proposal is the call for legislation that would eliminate the “self-proclaimed empaneling powers” of the Chief Justice.

This proposal follows growing criticism directed at Chief Justice, Her Ladyship Gertrude Torkonoo, and the Supreme Court, particularly over recent decisions declaring four parliamentary seats vacant.

For instance, former Director of the Ghana School of Law, Kwaku Asa-Asare, recently criticised the Chief Justice, arguing that she “erred” by empaneling Justice Ernest Yao Gaewu to consider the Speaker’s motion for a stay of execution on the Supreme Court’s directive.

In a separate case, Justice Torkonoo faced heavy criticism for altering the Supreme Court panel in the appeal case involving former COCOBOD CEO Dr Stephen Opuni. Leading New Patriotic Party member Dr Arthur Kennedy, commenting on the matter, labelled the decision as “unfortunate.”

In a social media post on Wednesday, November 13, 2024, Barker-Vormawor outlined additional reforms, including proposals for legislation to dissolve the General Legal Council’s disciplinary committee and to allow private or public universities to establish alternative professional law schools.

Below is the full 10-point recommendation:

The next Attorney-General needs to introduce legislation that:

1. Takes away the Chief Justice’s self-proclaimed empaneling powers. The abuse is too much.
2. Vests the power to transfer judges in the Judicial Council and not in the Chief Justice. The abuse is too much.
3. Reforms the judicial council—with respect to its composition and its mandate.
4. Removes Judges from the General Legal Council. Keep them in the courtroom only.
5. Removes the administration of the Ghana School of Law from the control of the GLC, making the current School of Law an autonomous institution.
6. Allows for the establishment of other professional schools of law by private or public universities.
7. Creates a board of legal education, which is responsible for administering Professional Bar Exams every six months.
8. Dissolves the disciplinary committee of the General Legal Council, leaving professional misconduct to bar associations and tort law.
9. Removes mandatory pupillage requirements for freshly called lawyers.
10. Establishes clear trial rules for contempt ex facie curiae.