‘Stated misbehaviour’ is an objective constitutional test – Thaddeus Sory

Legal practitioner and lecturer, Thaddeus Sory, says the expression “stated misbehaviour” in Ghana’s Constitution should be understood as an objective standard guided by public expectations rather than a subjective interpretation.

Speaking on JoyNews’ PM Express on Monday, October 20, Mr. Sory explained that the framers of the Constitution designed it as a compact document reflecting citizens’ moral and ethical expectations, not as an exhaustive manual of rules.

According to him, constitutional phrases such as “stated misbehaviour” and “incompetence” must be evaluated in light of how the public perceives integrity and accountability in leadership.

“If the Chief Justice gets drunk whilst in office, that’s a stated misbehaviour,” he said, adding that such conduct erodes public confidence even if it is not explicitly mentioned in the Constitution.

Mr. Sory stressed that it is impossible to enumerate every act that could amount to misconduct. “Can you set all of that out? That’s not possible,” he noted, arguing that the Constitution intentionally leaves room for interpretation as society’s values evolve.

He said this rationale explains why the Constitution allows for a committee of inquiry composed partly of ordinary citizens. “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.

He maintained that the inclusion of laypersons ensures that the moral voice of society is reflected in decisions about misconduct. “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.”

Mr. Sory revealed that his appearance on PM Express was his first-ever television interview, explaining that he usually confines his arguments to the courtroom because that was his terrain.

He insisted that while every case must be assessed individually, the principle of “stated misbehaviour” remains predictable and grounded in public accountability. “At the end of the day, everybody is accountable to society,” he said.

Mr. Sory represented the petitioners who formally wrote to the president requesting then Chief Justice Torkonoo be removed from office earlier this year.