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On April 28, 2025, a post from TV3 Ghana on X caught my attention, echoing a sentiment that has been brewing in Ghana for some time: “Judiciary and Chief Justice viewed poorly by majority of Ghanaians – Senyo Hosi #Judiciary #Ghana #ChiefJustice.” The statement, attributed to Senyo Hosi, a prominent finance and economic policy analyst, is not just a fleeting opinion but a reflection of a growing crisis of confidence in one of the pillars of Ghana’s democracy—the judiciary.
As a Ghanaian who values the principles of justice and fairness enshrined in our 1992 Constitution, I find this development deeply troubling. Hosi’s critique, combined with mounting public discontent, demands a closer look at the state of our judiciary and what it means for the future of our nation.
The Roots of Distrust: Hosi’s Open Letter and Beyond
Senyo Hosi’s concerns are not new, but they have gained renewed urgency in recent months. In October 2024, Hosi penned an open letter to Chief Justice Gertrude Araba Esaaba Sackey Torkornoo, titled “Undo the WeKTO, Save Our Democracy.” In it, he lamented the judiciary’s perceived loss of independence, accusing it of succumbing “to the whims and caprices of the Executive.”
His letter, published on Modern Ghana, painted a grim picture of a judiciary that, instead of being a bastion of justice, has become a storm threatening Ghana’s democratic fabric. Hosi’s words were poetic yet piercing: “As you run your race, And its end you face, May many make the case, That justice, fairness and truth were your days.”
Hosi’s critique centers on the judiciary’s handling of politically sensitive cases, particularly those involving the government. A notable example he referenced was the case of Afenyo-Markin v. Speaker Bagbin, where the judiciary’s actions were seen as radically departing from legal norms, further eroding public trust. This isn’t just Hosi’s opinion—data backs up his claims.
According to the 2021/23 Afrobarometer survey cited by ISS Africa, 62% of Ghanaians have little to no trust in the courts, a sharp rise from 30% in 2005/6. Even more alarming, 97% of Ghanaians perceive judges and magistrates as corrupt. These numbers are not just statistics; they are a clarion call for reform.
A Judiciary Under Pressure: The Executive’s Shadow
The core of the public’s discontent lies in the judiciary’s perceived bias toward the executive branch. ISS Africa’s analysis highlights that the biggest reason for declining confidence is the courts’ handling of political cases, which often appears to favor the government. The Supreme Court, in particular, has come under fire for inconsistent rulings, especially in cases that pit the executive against other branches of government, like Parliament.
For instance, a ruling involving the National Democratic Congress (NDC) led to accusations of judicial interference in parliamentary affairs, creating a stalemate that heightened political tensions ahead of the December 2024 elections. The indefinite adjournment of Parliament that followed only deepened the crisis.
This perception of bias has real-world consequences. The NDC’s presidential candidate publicly declared that his party would not seek redress in the Supreme Court, believing it would not receive justice. Instead, the party vowed to “police the polls” to ensure victory—a move that, while pragmatic, signals a dangerous erosion of faith in democratic institutions.
As ISS Africa notes, this trend is particularly concerning given rising disaffection with democracy and growing tolerance for military intervention in Ghana. If citizens no longer see the judiciary as a fair arbiter, where will they turn for justice?
The Constitutional Promise vs. Reality
Ghana’s 1992 Constitution, as outlined on Constituteproject.org, promises a judiciary that is independent and dedicated to upholding fundamental human rights and freedoms. Article 125 explicitly states that the judiciary shall be independent, and Article 2 emphasizes that sovereignty resides in the people, from whom all government branches derive their authority. Yet, the reality on the ground tells a different story. While the Constitution grants the judiciary the power to enforce these rights, the perception of executive overreach has undermined its legitimacy.
Hosi’s letter and the broader public sentiment suggest a disconnect between the constitutional ideal and the lived experience of Ghanaians. For instance, the judiciary has been criticized for its swift handling of cases involving the government, while public interest cases often face significant delays. This disparity fuels the narrative that the judiciary serves the interests of the powerful rather than the people.
National Security Minister Albert Kan-Dapaah recently warned that such trends could lead to citizens taking the law into their own hands—a chilling prospect, especially with the political temperature still high following the 2024 elections.
The Chief Justice in the Spotlight
At the heart of Hosi’s critique is Chief Justice Gertrude Torkornoo, whose leadership has come under intense scrutiny. Hosi’s open letter directly addresses her, urging her to “undo the WeKTO” and restore the judiciary’s credibility. While Hosi’s tone is respectful—he clarifies that his intent is not to “get-rude or have you booed”—his message is unequivocal: the Chief Justice’s actions have contributed to the judiciary’s low standing in the eyes of Ghanaians.
The TV3 Ghana post on April 28, 2025, amplifies this sentiment, stating that the “majority of Ghanaians perceive the Judiciary and by extension the Chief Justice are at a very low place.”
This perception is not just about Torkornoo as an individual but about the systemic issues she represents. The Chief Justice is the face of the judiciary, and her decisions—particularly in high-profile political cases—set the tone for public trust. ISS Africa suggests practical reforms to address this, such as requiring Supreme Court justices to submit individual opinions in sensitive cases, especially those with unanimous decisions that might be perceived as biased. Transparency in the appointment process, such as public interviews for the Chief Justice, could also help rebuild trust.
A Path Forward: Restoring Trust in the Judiciary
The crisis of confidence in Ghana’s judiciary is not insurmountable, but it requires urgent action. First, the judiciary must demonstrate its independence through consistent, transparent, and fair rulings, particularly in politically charged cases. The Supreme Court, as the highest judicial body, has a special responsibility to lead by example. Adopting ISS Africa’s recommendation of publishing individual judicial opinions could go a long way in dispelling perceptions of bias.
Second, systemic reforms are needed to address the perception of corruption. The Afrobarometer finding that 97% of Ghanaians view judges and magistrates as corrupt is a damning indictment. Anti-corruption measures, such as stricter oversight and accountability mechanisms, must be prioritized. Additionally, addressing the disparity in case handling—ensuring that public interest cases are not sidelined—would show that the judiciary serves all Ghanaians, not just the powerful.
Finally, the government as a whole must respect the separation of powers. The executive’s perceived influence over the judiciary undermines the very principles of democracy that Ghana has fought to uphold since 1992. Political leaders, including President Nana Akufo-Addo, must commit to supporting an independent judiciary, not just in words but in actions.
A Personal Reflection: Why This Matters
As a Ghanaian, I take pride in our democratic journey, but I share Hosi’s “little pride in the trajectory of our democracy.” Like him, I want a future where my children can grow up in a Ghana that upholds justice, fairness, and truth. The judiciary is not just a branch of government; it is the guardian of our rights, the arbiter of our disputes, and the protector of our democracy. When it falters, the entire nation feels the ripple effects.
Hosi’s words from his granny’s kenkey shed in British Accra and the fauna of his farm in Adaklu-Tsriefe resonate with me. They remind us that this issue affects every Ghanaian, from the bustling streets of Accra to the rural farmlands. We cannot afford to let the judiciary become a storm in the eye of our democracy. As Hosi implores Chief Justice Torkornoo, it isn’t too late to re-engineer the path. But the clock is ticking, and the stakes could not be higher.
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