When the guardians of justice fall short, the nation itself feels betrayed.
Immunity was never meant to be a licence for misconduct; it exists to protect officeholders so they can serve without fear or favour. But when immunity is mistaken for impunity, the very institutions it was designed to protect are weakened, and public trust collapses.
The Constitution’s Balance
Ghana’s Constitution shields presidents and judges in limited ways but never beyond accountability.
• Article 68(3) grants presidential immunity from court proceedings while in office.
• Article 127(1) ensures judicial independence from external control.
• Article 146 provides for the removal of justices for stated misbehaviour or incompetence.
These clauses protect independence but stop short of granting unchecked privilege.
Hard Lessons for the Judiciary
In 2015, an investigation by Anas Aremeyaw Anas revealed judges taking bribes to influence cases, leading to the dismissal of over 20 judges. The scandal shook confidence in Ghana’s justice system.
This year, the removal of Chief Justice Gertrude Torkornoo again placed the judiciary under scrutiny. A constitutional committee found her guilty of stated misbehaviour following petitions of abuse of office.
Some argued the move tampered with judicial independence. On the contrary, it affirmed that no one is above the law. President John Dramani Mahama deserves commendation for respecting constitutional order by allowing the committee to go ahead, reinforcing that justice must be transparent to preserve legitimacy.
Immunity and Leadership
Ghana’s history reminds us that immunity is not absolute. Jerry John Rawlings lost his protections when he left office, regaining them only after a full political term expired under John Agyekum Kuffour. That precedent shows that even presidents may be challenged. Future petitions could target decisions of the Nana Addo administration. These are not signs of hostility, but the marks of a democracy learning to hold leaders accountable.
Responsibility Under Scrutiny
Recent alleged revelations made by previous Chief Justices Sophia Akuffo and Anim Yeboah, during proceedings under the Justice Torkonoo Investigation Committee, highlight how the debate on accountability should continue. In many jurisdictions, such disclosures would have triggered demands to refund unmerited salaries and benefits. Whether Ghana will apply such standards is a test of its commitment to fairness and the rule of law.
Building Institutional Ethics
“Immunity should protect service, not entrench privilege.”
The real strength of democracy lies in the balance of power and the ethics of public institutions. No branch—executive, legislature, judiciary—can be exempt from scrutiny.
Poor leadership is the root cause of most organisational failures. Such situations are akin to what has made many state institutions either fail or become obsolete over time. In corporate terms, Ghana continues to haemorrhage because of bad governance and a weak leadership
culture. We cannot become competitive if we do not first secure a strong grasp of ethics and morality at the corporate level.
If accountability is absent, immunity becomes a shield for corruption, and ethics remain hollow words.
The Global Lesson
Established democracies have all endured similar phases.
• In South Africa, Judge John Hlophe was impeached in 2024 for improper influence.
• In India, Justice Soumitra Sen resigned after being found guilty of misappropriating funds.
• In the United States, several federal judges have been removed through impeachment.
• And in the United Kingdom, Deputy Prime Minister Angela Rayner resigned on 5
September 2025 after admitting she underpaid £40,000 in stamp duty—a breach of the ministerial code. Despite her popularity, accountability prevailed.
These cases show that removing judges or questioning immunity is not an attack on democracy but its natural process of refinement.
Ghana at a Crossroads
The lesson is clear: independence cannot exist without accountability. Immunity must not shield misconduct. At the same time, removal processes must be transparent and fair.
For Ghana, this is a defining moment. Citizens must trust that the rule of law applies equally
to all. By respecting constitutional provisions and demanding accountability even from the most powerful, Ghana will not weaken its democracy—it will strengthen it.
Accountability is not a threat to freedom. It is the guarantee of it.
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By: Ken Johnson, President, Proforum UK & Europe
Email: kenbles@gmail.com
