Give reasons for rulings at delivery - GBA

THE Ghana Bar Association (GBA) has suggested to the Supreme Court to endeavour to give reasons for its rulings at the delivery of such rulings.

This, it said, would forestall unnecessary speculation and its attendant criticisms, particularly in constitutionally sensitive issues and matters of great public concern.


In a resolution adopted by the GBA at its 2002 mid-year review conference in Accra, it called on the Judicial Council and the Chief Justice to initiate the necessary steps to fill vacancies on the Supreme Court and Appeal Court to strengthen the superior courts.


It said: “the GBA disapproves of the politicisation of the decisions of the courts, particularly decisions of the Supreme Court in constitutional matters, by sections of the media the general public and some lawyers and calls upon them to desist from doing so.


“The GBA condemns the conduct of some lawyers in attacking the integrity of the Supreme Court and other courts and calls on them to desist from such conduct,” the resolution said.


The 15-point resolution passed by members at the conference and signed by Mr Paul Adu-Gyamfi, National President and Mr Benson Nutsukpui, National Secretary, called on the Judicial Council to revisit the question of the integrity of the judicial system and establish effective systems to ensure accountability of judges in their performance, since public complaints of corruption in the delivery of justice were mounting. The GBA commended the process of mechanising court registries and proceedings and urged the Chief Justice to ensure the speedy completion of all aspects of the legal sector reform project.


The resolution also noted with concern “attempts to politicise the 5-4 majority decision of the Supreme Court in the case of Tsatsu Tsikata versus the Attorney-General and the attacks on the Supreme Court in the wake of its decision by a section of the media, the public and some lawyers.

The resolution said these acts were fuelling the peoples’ loss of confidence in the judicial system and undermining efforts at building a favourable investment climate.


The association touched on other matters, including the need for the Attorney-General to continue the process of amending the Legal Profession Act, so that the GBA would be vested directly with authority to discipline its members.


The association condemned the recent spate of spousal assault, armed robbery, profanity, indecent exposure, wanton destruction of state and private property and various provocative and insulting behaviour by students during demonstrations and protests.


“While admonishing the general public to be responsible in exercising their rights to freedom of speech, the GBA calls on the Police Service to also avoid the use of excessive force in controlling crowds during demonstrations,” the resolution said.


The resolution also called on the Judicial Council and the Chief Justice to intensify existing legal and judicial education for Judges to keep them abreast of developments in the law, so as to avoid situations where judges make embarrassing decisions.