Private legal practitioner Martin Kpebu has cautioned that constitutional reforms alone cannot guarantee an independent judiciary, stressing that such reforms must be supported by judges and lawyers with strong integrity, as well as a society willing to defend accountability.
Speaking on judiciary independence, Mr. Kpebu said proposals to remove the President’s power to appoint judges could help strengthen judicial independence, but argued that the effectiveness of any such reform would ultimately depend on the character of the individuals entrusted with administering justice.
“Character, character, character. This debate is about character. Character is very, very, very important,” he said.
Mr. Kpebu explained that changing the law to prevent presidents from appointing judges would not automatically transform the judiciary into a fully independent institution.
“Changing the law and saying presidents will not appoint judges does not automatically mean the judiciary will become 150 percent. No. We’ll still be left with the character of individual judges and lawyers,” he stated.
According to him, judges must possess the courage and integrity to uphold the law even when their decisions are unpopular with political leaders or other powerful interests.
He argued that personal character remains one of the strongest safeguards against political interference in the administration of justice.
Mr. Kpebu cited the Office of the Special Prosecutor as an example of how institutional arrangements alone cannot guarantee accountability. He said the success of public institutions ultimately depends on the commitment, integrity and conduct of the individuals who lead them.
The private legal practitioner also criticised what he described as society’s failure to adequately support public officials perceived to be acting with integrity.
Referring to the removal of former Auditor-General Daniel Domelevo, Mr. Kpebu said the development reflected a broader societal problem in which honest public officials are not always defended or celebrated when they need public support.
“We don’t honour honest men as much,” he said.
He therefore urged Ghanaians to take a more active role in protecting independent institutions and supporting public officials who uphold the principles of accountability and integrity.
Mr. Kpebu warned that constitutional and institutional reforms would have limited impact if citizens were unwilling to defend democratic values and resist actions that undermine public accountability.
“If the society doesn’t get up to fight, these are some of the things you get. It’s a collective responsibility for society,” he stated.
Story by Freedom Etsey Lavoe