The Court of Appeal in a well researched and elegantly delivered decision on the 26th day of March, 2026 has offered advisory opinions to the Judicial Council to develop a detailed regime to govern proceedings of its disciplinary committee. The advice of the Court was contained in the majority opinions delivered by Justice Dr. Osei-Hwere and Justice Lydia Osei Marfo.

The advice of the Court came upon the quashing of the decision of the disciplinary committee of the Judicial Council against H/H Alfred Kwabena Asiedu and his dismissal as a Judge of the Judicial Service of Ghana.

STAR OF THE MONTH - Professor Philip Ebow Bondzi-Simpson ESQ.

Procedural Regime

In a voice expressing displeasure with an absence of clear procedural rules governing proceedings of the disciplinary committee of the Judicial Council, Osei-Hwere delivered himself as follows; "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."

In this vein, His Lordship whose opinion led for the majority suggested "that the Judicial Council set out a detailed procedure for its disciplinary committees to follow." According to Dr. Osei-Hwere J.A., "An established and comprehensive standard for due process in disciplinary proceedings against judges is another way of ensuring judicial independence."

Frivolous accusations

Her Ladyship Justice Lydia Osei Marfo as part of the majority decision also held the view that the fact that Judges are to live above reproach and live their lives different from ordinary persons does not mean frivolous accusations should fly against them.

According to the learned Judge at page 40 of the Court of Appeal decision, a copy of which is below, "I concede the purpose of the code of conduct is to regulate both the official and private life of a judge, and that judges are supposed to live almost like saints in this sinful world. If care is not taken, anything dressed as stated misconduct can be foisted on judges by people who are aggrieved by somewhat frivolous allegations without any legal backing in course of their judicial function. I am therefore of the respectful opinion, any findings of such stated misbehaviour against any judge or magistrate must be in clear breach of the law."]

Read.download judgment below: