The Court of Appeal has quashed the dismissal of Circuit Court Judge, Alfred Kwabena Asiedu, overturning an earlier position by the Judicial Council’s Disciplinary Committee, according to a news report by thelawplatform.online on March 31, 2026.

According to the news report, a three-member panel, presided over by Justice Gifty Dekyem, with Justices Lydia Osei Marfo and Dr Richmond Osei-Hwere, delivered the ruling on Thursday, March 26, 2026.

In its decision, the appellate court allowed the appeal filed by the judge, challenging a High Court ruling that had dismissed his application for judicial review.

The application sought to overturn his removal from the Judicial Service, which was effected through a letter issued by the Chief Justice on November 13, 2023.

Justice Asiedu had been dismissed on grounds including alleged inappropriate relations with a litigant appearing before him, malicious prosecution and abuse of judicial authority.

Despite ruling in his favour overall, the Court of Appeal, in a split 2-1 decision, rejected the judge’s claim that the disciplinary process violated his right to natural justice.

In the lead judgment, Justice Dr Richmond Osei-Hwere held that the failure by the Judicial Council’s Disciplinary Committee to specify charges in its invitation letter did not amount to a breach of natural justice.

The court relied on the Supreme Court precedent in Bernard A Allotey . Electricity Company Ltd [TLP-SC-2023-73], which addressed similar concerns.

The court, however, identified significant jurisdictional errors in the disciplinary proceedings.

It held that the Judicial Council lacked the authority to investigate allegations of malicious prosecution against the judge.

Justice Osei-Hwere, with a strong concurring opinion from Justice Lydia Osei Marfo, further ruled that the committee’s finding of abuse of power was invalid.

According to the court, that charge was intrinsically linked to the malicious prosecution allegation, which was itself beyond the committee’s jurisdiction.

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The disciplinary proceedings in question were conducted by a committee chaired by Justice Senyo Dzamefe.

In a notable recommendation, the Court of Appeal urged the Judicial Council to establish clear and comprehensive procedures to guide its disciplinary committees.

Delivering the lead opinion, Justice Osei-Hwere emphasised the need for structured rules, noting that the current system where procedures are largely left to the discretion of individual committees undermines transparency and falls short of best practices.

He further stressed that adopting standardised procedures would strengthen due process and safeguard judicial independence.

AM/VPO



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