Parliamentary oversight of the Chief Justice’s administrative decisions plays a vital role in maintaining a balance of power, upholding constitutional principles, and ensuring accountability within the judiciary.
Although the judiciary operates independently to preserve impartiality and justice, it remains a part of the larger governance structure that is responsible to the people.
Accordingly, Martin Amidu, the former Special Prosecutor, has stated that if not for the NDC and the Speaker’s actions, Parliament would have been in session to hold the Chief Justice accountable for closing courts in Bolgatanga and nearby areas.
He argued that the Chief Justice’s reasons for this decision, made so close to the December 7, 2024, election, are unprecedented and threaten a free and fair election.
Amidu also criticized the Chief Justice’s defense of the closure, calling it naive and uninformed, noting that the Bawku conflict has never extended to the regional capital of Upper East.
“In the absence of a functioning Parliament in session, I…wish to bring to public attention by asking the Chief Justice who the lawyers and the stakeholders, she wrote about in her memorandum dated 29 October 2024 and published in the media are? Do they include lawyers and stakeholders from the Upper East Region?
“I ask this question because the Upper East Regional Bar Association has to the best of my knowledge, information, and belief not met to pass a resolution requesting the closure of any court in the Upper East Region, including, particularly the High Court and the courts within the environs of Bolgatanga, the regional capital”.
Martin Amidu
Amidu further argued that to his knowledge, the Upper East Regional Security Council (UE-REGSEC), responsible for the region’s security, has not decided to close any courts.
He noted that if concerns existed, UE-REGSEC would have been consulted first.
According to Amidu, the Upper East Regional House of Chiefs has not requested any court closures, nor have residents of the region or Ghanaian citizens at large expressed support for such action.
He also noted that reports indicate that institutions in the regional capital, including hospitals and banks, are operating normally, making it seem arbitrary to close only the courts.
As such, he maintained that the cited reason of “rising security concerns” for which the courts were closed appears unjustified in this context.
GBA’s Support for Chief Justice’s Court Closures Raises Validity Concerns
Furthermore, Martin Amidu noted that the Ghana Bar Association’s (GBA) support for the Chief Justice’s decision inadvertently questions the validity of her reasons for closing courts in Bolgatanga and nearby areas.
He expressed concern over the implication that the Chief Justice acted on directives from the National Security Council without consulting judicial stakeholders in the Upper East Region, as her memo claimed.
According to Amidu, the Chief Justice’s decision reflects the GBA’s “blind support,” which is harmful to the Constitution, democracy, and the rule of law.
“I will not out of fidelity to the values underpinning the 1992 Constitution disobey the decisions and orders of any court sitting as a Court let alone make any scandalous comments on any of their decisions including the Supreme Court whether presided over by a Chief Justice or another justice of that Court.
“But the unbridled support of anything and everything the Chief Justice says or does in her administrative capacity borders on sycophancy which no respected citizen or public institution must do”.
Martin Amidu
Amidu further argued that the long-standing conflict in Bawku, which affects many northerners, should not be used to portray northerners as uniquely prone to violence, nor to justify the unjustified closure of courts in a regional capital.
He asserted that the era of viewing northerners as inferior has passed, and the Chief Justice’s treatment of Northern Ghana should not be more demeaning than colonial treatment of the Northern Territories.
He questioned why similar actions haven’t been taken in other regional capitals with persistent chieftaincy, land, and communal conflicts in Ghana. “We the People demand Parliamentary oversight of the administrative decision of the Chief Justice to close the High Court in Bolgatanga and its environs, NOW!”
Amidu argued that the Chief Justice’s decision to close courts in the Upper East Region undermines residents’ rights to access justice, particularly in matters related to the upcoming 2024 elections.
He urged the Speaker and the NDC to convene Parliament immediately to address urgent national issues and to hold the Chief Justice accountable for, for the first time in Ghana’s history, closing a regional High Court due to a distant conflict.
According to him, each day Parliament delays in addressing governance and security issues, including the 2024 elections, threatens the Constitution and rule of law, which could impact the NDC most of all.
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