ACCRA — In a move that could further strain relations between Ghana’s executive and judiciary, President John Dramani Mahama has been petitioned to remove Supreme Court Justice Emmanuel Yonny Kulendi from the bench over allegations of misconduct and conflict of interest tied to the controversial ambulance procurement trial.
The petition, filed by private citizen Daniel Marfo Ofori-Atta and dated September 29, invokes Article 146 of Ghana’s 1992 Constitution, which allows for the removal of superior court judges on grounds of stated misbehavior, incompetence, or incapacity. Ofori-Atta accuses Kulendi of improperly intervening in the High Court proceedings of the case Republic v. Cassiel Ato Forson & 2 Others — a high-stakes prosecution alleging financial loss to the state through the purchase of 200 luxury ambulances during Mahama’s first term as president.
At the heart of the complaint is Kulendi’s familial tie to Richard Jakpa, the third accused in the trial and a cousin of the judge. Ofori-Atta alleges that Kulendi leveraged his influence to shield Jakpa from bail challenges early in the case, which began in January 2023, and later facilitated covert meetings with then-Attorney General Godfred Dame. “This conduct violates several provisions of the Code of Conduct for Judges and Magistrates and has eroded public confidence in the judiciary’s integrity, impartiality, and independence,” the petitioner wrote, attaching supporting documents including transcripts and communications.
The ambulance trial, discontinued in July after Jakpa’s surprise courtroom testimony accusing Dame of witness tampering, has been a flashpoint in Ghana’s polarized political landscape. Forson, now majority leader in parliament following the National Democratic Congress’s (NDC) victory in the December 2024 elections, was acquitted alongside co-defendant Cecilia Abena Dapaah. Jakpa, recently appointed Director of Special Operations at National Security by the Mahama administration, has denied wrongdoing, calling the claims “baseless fabrications.”
Ofori-Atta, speaking to Asaase Radio on Wednesday, framed his actions as a defense of judicial ethics. “I’ve petitioned the president for Justice Kulendi’s removal under the Constitution, and separately urged the CID to probe this criminal collusion to obstruct justice,” he said. The dual filings — one to the presidency and another to the Criminal Investigations Department (CID) of the Ghana Police Service — signal a multi-pronged push for accountability.
This is not the first clash involving Kulendi. In May, a separate petition by Alfred Ababio Kumi urged Mahama to dissolve a committee probing then-Chief Justice Gertrude Torkornoo, citing a dinner meeting between Kulendi, two committee members, and a petitioner’s lawyer as evidence of bias. Torkornoo was ultimately removed in September on unrelated petitions alleging misuse of public funds, a decision that drew criticism from legal experts fearing erosion of judicial independence.
Legal observers see the latest petition as testing the boundaries of Mahama’s reform agenda. Article 146 requires a prima facie review by the president and Council of State before any committee forms — it’s a high bar, but the ambulance case’s political baggage could amplify the noise.
The presidency has yet to respond formally, but sources close to the administration has hinted that Mahama will be taking judicial nitice of the petition and will subsequently review the matter. Under the constitutional process, if a prima facie case is established, a five-member committee headed by another Supreme Court justice would investigate, with findings binding on the president.
Kulendi, appointed to the Supreme Court in 2018 by then-President Nana Akufo-Addo, has a reputation for sharp dissents on issues like electoral disputes. He did not immediately respond to requests for comment through the Judicial Service.
