Court of Appeal overturns dismissal of Circuit Court judge, faults disciplinary process

The Court of Appeal has set aside the dismissal of Circuit Court judge, His Honour Alfred Kwabena Asiedu, overturning the findings of the Judicial Council’s Disciplinary Committee.

According to a report by TheLawPlatform, a three-member panel comprising Justices Gifty Dekyem, Lydia Osei Marfo and Dr Richmond Osei-Hwere delivered the ruling on Thursday, March 26, 2026, allowing the judge’s appeal against a High Court decision that had earlier dismissed his application for judicial review.

The application challenged his removal from the Judicial Service, which was communicated through a letter issued by the Chief Justice on November 13, 2023. Justice Asiedu had been dismissed over allegations including inappropriate relations with a litigant, malicious prosecution and abuse of judicial authority.

In its decision, the appellate court, by a 2-1 majority, rejected the judge’s argument that the disciplinary proceedings breached his right to natural justice. Delivering the lead opinion, Justice Dr Richmond Osei-Hwere held that the failure by the Disciplinary Committee to specify charges in its invitation letter did not amount to a violation of due process.

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Relying on the Supreme Court precedent in Bernard A. Allotey v Electricity Company Ltd [TLP-SC-2023-73], the court ruled that the omission did not, in itself, invalidate the proceedings.

However, the court identified significant legal flaws in the disciplinary process, particularly on the issue of jurisdiction. Justice Osei-Hwere, supported by Justice Lydia Osei Marfo, held that the Judicial Council did not have the authority to investigate allegations of malicious prosecution against the judge.

The court further found that the committee’s conclusion on abuse of power could not stand, as it was “intrinsically linked to the finding of malicious prosecution”, a matter the committee lacked jurisdiction to determine.

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The disciplinary proceedings had been conducted by a committee chaired by Justice Senyo Dzamefe.

Beyond the immediate case, the Court of Appeal issued a strong recommendation to the Judicial Council to reform its disciplinary framework. Justice Osei-Hwere noted:

“It is humbly suggested that the Judicial Council set out a detailed procedure for its disciplinary committees to follow. The current procedural regime, in which the rules of engagement are left to the discretion of a committee, does not enhance judicial transparency and is at odds with best practice. An established and comprehensive standard for due process in disciplinary proceedings against judges is another way of ensuring judicial independence.”

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The ruling not only reinstates Justice Asiedu’s challenge but also highlights broader concerns about due process and institutional accountability within Ghana’s judicial disciplinary system.