Efficacy of Judiciary depends on calibre of judges

Nana Susubribi Krobea Asante Paramount Chief of Asante Asokore Traditional Area, on Monday said the efficacy of the country's constitutional system depended on the calibre of judges, their independence from public or private pressures and their commitment to the core values of the 1992 Constitution.

He said: "Judges' legal philosophies, their judicial styles and of course, their integrity and efficiency as well as their efficient and honest administration of justice is critical to effective adherence to constitutionality and good governance in the country.''

Nana Asante, who is also the President of the Ghana Academy of Arts and Sciences (GAAS) said this during the opening of a three-day public lecture under the general theme; "The Judiciary in the Fourth Republic."

The lecture, which was organised by GAAS in collaboration with the Friedrich Ebert Foundation (FES) and the British Council, was to throw a searchlight on the institution of the Judiciary and the judicial process in the fourth republic.

Nana Asante described the Judiciary (Supreme Court) as the most potent branch of Government, "As it is the only arm that can nullify an act by both the Executive or even the Legislature on grounds of unconstitutionality.'

He said the pivotal role of the Judiciary calls for a close study of the institution, its judicial process and the entire machinery of justice to ensure that law in the country, is not what the Judges say.

Nana Asante said anybody who has experienced the frustrations of judges under a protracted and flawed judicial process would readily appreciate the need to vigorously study and understand the role of the Judiciary under the fourth republic.

Speaking on "How Independent has the Judiciary Been?'' Justice George E. K. Aikins, a retired Supreme Court Judge, called for strict adherence to Judicial Independence to ensure that the appointment and removal of judges were not intermingled with political influence and fettered executive discretion.

He criticised the filling of certain vacancies in the Supreme Court with nominees more popular within party circles than within the legal fraternity over the last few years.

Justice Aikins, who is now a private legal practitioner, cited the appointment of the late Chief Justice, I. K. Abban whom he said was widely perceived to be excessively beholden to former President Rawlings.

He said Justice Abban was incapable of dealing with cases with high political stances impartially. Justice Aikins said the Judiciary allowed it to be improperly manipulated or cowed into submission by the politicians.

He said: "any country whose judiciary is subjected to any form of control by or directive from the executive arm of government or any other individual or group of persons would be heading towards its doom. "

J. Ebow Quarshie former President of the Ghana Bar Association, who spoke on, "The role of the Supreme Court Under the Constitution", said the Supreme Court has not been consistent with its decisions in upholding the 1992 Constitution.