The Court of Appeal presided by Justice Gifty Dekyem who had the company of Lydia Osei Marfo and Dr. Richmond Osei-Hwere JJA on thursday, the 26th day of March, 2026 have set aside the findings of the disciplinary committee of the Judicial Council against His Honour Alfred Kwabena Asiedu and his dismissal as a Judge of the Circuit Court.

The Court therefore granted the Appeal of His Honour Alfred Kwabena Asiedu against the decision of the High Court which dismissed the Judicial Review application filed by the Applicant-Judge against his dismissal from the judicial service by a letter from the Chief Justice on the 13th day of November, 2023. H/H Kwabena Asiedu was dismissed as a Judge of the Circuit Court on the said date for inappropriate relations with a party to a suit in his Court, malicious prosecution against the petitioner for his removal and abuse of power.

The Court of Appeal by a majority of 2-1 in its thoroughly reasoned decision [available for read/download below] by both majority and minority sides dismissed the complaint of the Applicant/Appellant-beleaguered Judge of the Circuit Court that the disciplinary proceedings of the Judicial Council were done in violation of his natural justice rights.

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The Court in the opinion of Justice Dr. Osei-Hwere undertook a judicial explanation of precedent and held that the case of BERNARD A. ALLOTEY v. ELECTRICITY COMPANY LTD [TLP-SC-2023-73] which anwered the question of whether or not the failure to state charges amounts to a breach of the rules of natural justice was binding on the Court and same was to find application in the determination of claim by the Appellant-Judge. The Court thus held that the failure of the Judicial Council Disciplinary Committee to state the charges against him in the letter inviting him to appear before the Committee was not in breach of the principle of natural justice.

Ultra vires rule, Error of law and Findings of the Committee

With a forceful concurrence from Lydia Osei Marfo J.A, Dr. Osei-Hwere who led with the majority view held that the Judicial Council had no jurisdiction to inquire into the charge of malicious prosecution against the Appellant-Judge.

In a useful exposition of the ultra vires principle, the Court held that the purported proven charge of abuse of power against the Appellant-Judge by the Judicial Council's disciplinary Committee as was Presided over by Justice Senyo Dzamefe was made in want of jurisdiction by the Committee as same was "intrinsically linked to the finding of malicious prosecution" which the Court found the committee lacking the authority to interrogate.

Recommendation

At paragraph 83 of Justice Osei-Hwere's elegantly presented reasoning which exposes the shortcomings of disciplinary proceedings of the committee, the Court in the delivery of the lead decision offers the following recommendation to the Judicial Council:

"83. It is humbly suggested that the Judicial Council set out a detailed procedure for its disciplinary committees to follow. The current procedural regime, in which the rules of engagement are left to the discretion of a committee, does not enhance judicial transparency and is at odds with best practice. An established and comprehensive standard for due process in disciplinary proceedings against judges is another way of ensuring judicial independence."

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