Lawyer and political activist Richard Dela Sky has raised concerns over what he describes as a dangerous precedent in Ghana’s political landscape, warning that the recent removal of a Chief Justice could undermine judicial independence if left unaddressed.
He argued that the ousting of the former Chief Justice was not based on legitimate constitutional grounds but rather a calculated political maneuver aimed at sending a chilling message to the judiciary.
Sky expressed alarm over the growing politicization of the judiciary, emphasizing that it poses a threat to Ghana’s democratic foundation.
According to him, fair-minded citizens are right to be concerned about how the situation unfolded, as it has the potential to erode public confidence in the country’s justice system.
“If we want to maintain judicial independence, the constitutional standard must be respected: judges should only be removed for ‘stated misbehaviour, incompetence, or inability to perform the functions of office arising from infirmity of body or mind.’
“As I always say, you will know ‘stated misbehaviour’ when you see it. Better still, we need an Act of Parliament or Constitutional Instrument, not inconsistent with the 1992 Constitution, to add meat to the skeletons of the Article 146 provisions.”
Richard Dela Sky
He illustrated his point by explaining that a state-sponsored holiday trip taken by a judge with their immediate family members, rather than with a romantic partner, does not meet the threshold of stated misconduct.
Historical Context of Judicial Threats Amid Weakened Judiciary
Sky recounted his long-standing advocacy for judicial independence, dismissing critics who question his interest in the matter.
He revealed that his defense of the judiciary dates back to previous administrations, including that of the late President John Evans Atta Mills.
He recalled a press conference at the Kokomlemle office of the National Democratic Congress (NDC), during which he posed tough questions to his close friend, the late former NDC National Chairman Kwabena Agyei.
This encounter, he said, led to the infamous “many ways of ‘killing’ (skinning) a cat” remark, which was widely condemned as one of the gravest threats to judicial independence since the murder of three judges and a retired army officer under the Rawlings regime.
“In his wisdom, Prof John Mills, a fine legal mind and firm believer in the doctrine of separation of powers, subsequently broke ranks—rightly so—with the hawks in his party and kept then-Chief Justice Georgina Wood in post under his presidency, even after judicial blood-baying vampires had sharpened their teeth and were ready to purge the judiciary of all judges they saw as standing in their way.”
Richard Dela Sky
He lamented that many young Ghanaians on social media today are unaware of these historical episodes and his role in defending judicial independence during those turbulent times.
Sky also reflected on his earlier work as a reporter, during which he dedicated himself to highlighting what he viewed as the unjust targeting of renowned lawyer Tsatsu Tsikata during the administration of former President John Agyekum Kufuor.
His consistent reporting on the “FreeTsatsu” campaign earned him the nickname “FreeTsatsu” among his colleagues.
Avoiding Cycles of Political Revenge
Sky cautioned against replacing one form of political persecution with another.
“To be absolutely clear: If Ghanaians decide in their wisdom to—for whatever reasons—vote out the current government at a future election, it should not be to replace them with another vindictive administration that has an equally voracious appetite for judicial persecution under the cloak of judicial reform.”
Richard Dela Sky
He called for leaders who will respect judicial independence, regardless of their political affiliation, emphasizing that Article 146, though imperfect, requires principled leadership to prevent abuse.
“BAD rulers make JUST laws appear unjust; WISE rulers can lend even flawed laws the dignity of JUSTICE. True leadership lies in giving the law its noblest face.”
Sky also shared his perspective on the controversial removal of former Electoral Commission Chairperson Charlotte Osei, firmly maintaining that the Presidential Committee exceeded its mandate.
He argued that it should be the responsibility of a court of law to determine whether there has been a breach of an Act passed by Parliament and to impose any resulting consequences, rather than a presidential committee taking on that role.
“If they found evidence of a breach of a statute, they needed to do no more than recommend prosecution. Instead, as I understood then, they recommended both removal and prosecution.”
Richard Dela Sky
Sky accused some groups of spreading misinformation about the incident, insisting that his stance has always been consistent in defending the rule of law.
Accordingly, Sky urged political leaders to rise above vendettas and focus on protecting Ghana’s democratic institutions.
For him, safeguarding judicial independence is not merely about defending judges but about preserving the constitutional order that serves every Ghanaian.
