Audio By Carbonatix
Legal practitioner and lecturer, Thaddeus Sory, has argued that under Ghana’s Constitution, “stated misbehaviour” is an objective standard, not a subjective one.
He said the framers of the Constitution intended it to be a compact guide that reflects the expectations of citizens rather than a rulebook spelling out every detail.
Speaking on JoyNews’ PM Express on Monday, October 20, Mr Sory explained that constitutional provisions like “stated misbehaviour” or “incompetence” must be interpreted through the lens of public expectation since justice emanates from the people.
Read also: Mahama removes Chief Justice Gertrude Torkornoo on grounds of stated misbehaviour
He said public confidence is central to the assessment of any judge or public officer.
“If the Chief Justice gets drunk whilst in office, that’s a stated misbehavior,” he said, adding that such conduct undermines public trust even if not explicitly listed in the Constitution.
Mr Sory argued that it is impossible to codify every conceivable act that could amount to misbehaviour.
“Can you set all of that out? That’s not possible,” he said, emphasising that the Constitution deliberately leaves room for interpretation based on evolving social standards.
He explained that this is why the Constitution provides for a committee of inquiry composed partly of laypersons.
“Justice emanates from the people. If your Chief Justice does a particular type of thing, would you still have confidence in her as the person to lead the justice system?” he asked.
The lawyer maintained that laypersons bring an essential perspective to such committees because they represent society’s moral and ethical expectations.
“Left to me alone, all of those people should be lay people,” he said. “We, those involved in the justice system, judge ordinary men from whom justice emanates. If it affects us, let them also judge us.”
Read also: CJ removal: Definition of ‘stated misbehaviour’ still unknown – Baffour Awuah
Sory insisted that misbehaviour must be determined on a case-by-case basis, but that does not make the process arbitrary. “It has predictability,” he said.
“Once you occupy an official position, the public can judge you by their expectations of fairness and accountability.”
He cautioned against attempts to overdefine or limit constitutional terms, noting that even older democracies still live with imperfect systems.
“There are 200-year-old constitutions with the most atrocious provisions,” he said.
“There’s a constitution of a so-called democracy where a president can win an election not with the majority of votes, but with a minority — and they haven’t complained.”
Sory concluded that in a democracy, accountability must always be measured by the public’s sense of justice.
“At the end of the day, everybody is accountable to society,” he said.
Latest Stories
-
Ghana’s economic reset compelling government, enterprises, others to build stronger institutions – Deloitte Infrastructure Partner
4 minutes -
Gold Board a necessary construct but strategy on galamsey must shift – Senyo Hosi
16 minutes -
Finance Ministry signals tough measures for underperforming state enterprises
24 minutes -
Prime Accra to be launched on March 31 to serve housing needs in prime urban locations
38 minutes -
Ghanaian food storyteller Bibiana Gyasi launches children’s book to strengthen cultural literacy
1 hour -
EPA emerges among Ghana’s most compliant public institutions – PFM League Table
1 hour -
44 Ghanaians rescued from “QNET” scheme in Nigeria
2 hours -
Kasoa bank fraud: Suspects nabbed months after unauthorised withdrawals
3 hours -
Ivan Kyei Innocent: A voice, a force, or a controversy?
3 hours -
‘Deal with your own’ – Miracles Aboagye tells Mahama on galamsey
3 hours -
Signage works at Accra International Airport fully completed
3 hours -
Applauding gov’t for galamsey admission is hypocritical – Miracles Aboagye
4 hours -
TUC calls on Mahama to take stronger action against galamsey in forests and rivers
5 hours -
Mahama launches $30m World Cup fundraising campaign
5 hours -
Stop the imposition – James Agbey warns NDC ahead of post-Mahama power struggle
5 hours
