The director of operations at the National Security Secretariat was cited as the third accused in the case that has now become the basis of a fresh petition against Supreme Court justice Emmanuel Yonny Kulendi. According to the petitioner, Marfo Ofori-Atta, the conduct of Justice Kulendi in relation to the alleged offence amounted to an attempt to obstruct justice. He insists that the judge’s alleged actions were inconsistent with the integrity, independence and impartiality expected of a member of the country’s apex court.
Ofori-Atta claims that Justice Kulendi’s conduct offended the judicial code of conduct and undermined public confidence in the administration of justice. In his view, the alleged behaviour satisfies the constitutional threshold of stated misbehaviour, one of the grounds upon which a superior court judge may be removed from office. By this reasoning, Ofori-Atta argues that Justice Kulendi is no longer fit to remain on the bench of the Supreme Court of Ghana and is calling for the establishment of a committee to investigate the matter and recommend his removal if found culpable.
This latest petition is expected to deepen tensions between the executive and the judiciary, at a time when relations between the two arms of government are already strained. It comes barely a month after President John Dramani Mahama removed Chief Justice Gertrude Torkornoo from office, an unprecedented move that drew mixed reactions from the legal community, civil society and the general public. Critics have warned that the increasing resort to removal processes could erode the security of tenure of judges and politicise the judiciary, while supporters argue that it demonstrates that no public official is above accountability.
Justice Emmanuel Yonny Kulendi is one of the relatively recent additions to the Supreme Court bench. He was sworn into office on 26 May 2020 by President Nana Addo Dankwa Akufo-Addo, alongside Professor Henrietta J A N Mensa-Bonsu. Their elevation followed a public vetting by the appointments committee of Parliament on 11 and 12 May 2020, after which Parliament approved their nominations on 20 May 2020. At the time, their appointment was hailed in some quarters as a boost to the intellectual diversity and practical experience of the court, given their respective backgrounds in private legal practice and academia.
Over the years, Justice Kulendi has cultivated an image as a self-made lawyer who rose from modest beginnings to the pinnacle of the legal profession. He has previously stated that he did not originally plan to become a judge and believes he was conscripted into judicial service. He made this remark during an engagement with law students at the Ghana Institute of Management and Public Administration (GIMPA) law faculty, at an event dubbed “Conversation with a Judge” on 10 November 2022. At that forum, he spoke extensively about duty, service and the burden of responsibility that comes with sitting on the Supreme Court, stressing that judges must constantly guard their integrity.
The petition against him therefore raises not only legal and constitutional questions, but also issues of personal credibility and public perception. As the process unfolds, attention will likely focus on how the relevant constitutional bodies handle the complaint, the standards of proof that will be applied, and whether the proceedings will be seen as fair and insulated from partisan interference. The outcome could have far-reaching implications for judicial accountability, the balance of power between the branches of government, and public trust in Ghana’s democratic institutions.
Source: Ohemaa Adusi-Poku