Ghana’s judicial impartiality index drops by 30% between 2017 and 2023 –Mo Ibrahim Foundation

A recent report by the Mo Ibrahim Foundation has revealed a significant decline of about 30% in the perceived impartiality of Ghana’s judiciary between 2017 and 2023.

The report’s indicator measures judicial impartiality based on factors such as the independence of the courts, the autonomy of judges, and judicial appointments.

In 2014, Ghanaians’ confidence in the judiciary’s impartiality was rated at 95.3 points.

However, the study finds that this has dropped to 68.3 points by 2023—a 27-point decline over the decade.

Examining the trend, the Akufo-Addo administration inherited a score of 94.1 points in 2017, which briefly rose to 97 points but then declined sharply to 75 points in 2018, continuing a downward trajectory to 68.3 in 2023.

The report also indicates that public confidence in the judiciary’s adherence to due and fair process has eroded, with this score falling from 66.6 in 2014 to 45.7 in 2023.

This sub-indicator evaluates the extent to which due legal process and the rights of the accused are upheld, based on criteria such as “the presumption of innocence; the conditions and duration of arrests and pre-trial detention; the extent to which suspects are subject to torture and abusive treatment; the access to legal assistance; and the rights of prisoners.”

These findings come amidst growing public concern that the judiciary may be acting as a mouthpiece for the executive branch.

This perception has led some Ghanaians to refer to the judiciary with labels like “Unanimous FC” and “We-Know-The-Outcome (WeKTO Centre),” since the view that the apex court’s decisions have become overly predictable.

Ghana’s rule of law and justice sees the worst decline in Africa over the past decade –Report

Ghana’s rule of law and justice, a system that ensures that laws are applied equally and fairly to all individuals, protecting rights and preventing abuse of power, has seen the worst decline among 54 African countries over the last decade.

This is according to the 2024 Ibrahim Index of African Governance report. The report showed that the country suffered a 14.9-point index decline between 2014 and 2023, making it the worst deterioration in Africa.

The report emphasised that this is a matter of concern, especially ahead of the 2024 December polls.

“However, all security and rule of law related sub-categories have declined since 2014, spearheaded by Rule of Law & Justice (-14.9) and Security & Safety (-8.5), both on trajectories of increasing deterioration… concerning results in security and rule of law, with a presidential election scheduled in December 2024,” the report indicated

The rule of law and justice category of the report was measured using the following indicators: “executive compliance with the Rule of Law, impartiality of the judicial system, judicial processes, equality before the law, law enforcement, property rights, and public perception of the rule of law. All these indicators have witnessed a decline in the past decade.

Read how Ghana performed in each of these sub-categories:

Executive compliance with the Rule of Law
This indicator assesses the extent to which the executive respects the constitution, the government complies with decisions by the courts, and transitions of power are subject to the law. This has witnessed a 1.6 index decline.

Impartiality of the Judicial System
This indicator assesses the extent to which the judicial system is impartial based on the independence of the courts, the autonomy of judges, and the appointment of judges. This sub-category witnessed the highest index of 97 when the current government came into power. However, it has declined significantly afterward to 68.3. In a decade, the impartiality of the judicial system has witnessed a 30% decline.

Judicial processes
This indicator assesses the extent to which justice is accessible and affordable, due process of law and rights of the accused are guaranteed, trials are timely, and justice is enforced effectively. The process has witnessed a 13-point decline in a decade.

Equality before the law
This indicator assesses the extent to which there is equality before the law and civil and criminal justice systems are impartial and free of discrimination.

Law enforcement
This indicator assesses the extent to which the police are reliable and subject to effective misconduct investigations and sanctioning, as well as to what extent the criminal investigation and prosecutorial system is functional. Law enforcement has also declined.