Judges discretionary powers worry Akufo-Addo

President Akufo-Addo inaugurated four new Supreme Court Judges at the Jubilee House yesterday.

They are Justices Samuel Marful Sau, Agnes Dordzie, Nene Amegatcher and Professor Nii Ashie Kotey.

In his remarks, President Akufo-Addo expressed concern about the way in which some judges use and abuse discretionary powers.

He could not fathom why someone caught destroying the environment in the name of ‘galamsey’ (illegal mining) would be given a more lenient sentence than the one that steals a goat.

“It continues to be a source of worry that persons, for instance, caught in the act of destroying our environment and polluting our water bodies, the very inheritance of our future generations, because of the phenomenon of illegal mining, popularly referred to as galamsey, would get away with lenient sentences when the media landscape is replete with accounts of persons who steal goats, for example, receiving sentences of not less than two years in prison. Yes, the sentences. I suggest that, in certain cases, the discretion must be exercised for the upper end of the band, i.e. for the maximum.”

Even though President Akufo-Addo admitted the fact that the dictates of due process and the protection of human rights prescribe that sentences are meted out in accordance with the Criminal Offences Act, he emphasised that judges’ discretion within a certain band is also relevant.

He, therefore, suggested that the “concept of deterrence must be an important part of sentencing policy, especially in the areas of great social concern, such as the fight against galamsey and vigilantism.”

In congratulating the Justices, President Akufo-Addo indicated that they have met the stringent requirements of Article 128(4) of the Constitution, adding that “you have the independence of spirit, proven integrity, high moral character, and impartiality of mind to hold this high office. Your appointments are truly well-deserved and merited.”

With the Constitution decreeing that final judicial power of the State rests with the Judiciary, and not in any other arm of government or agency of State, the President pointed out that the Supreme Court is central to the execution of judiciary functions.

He bemoaned the situation whereby judges proffer judgements based on decisions from lower courts and cite them as law, which he described as unacceptable.

“Judges, more so Justices of the Supreme Court, must be learned, know their case law and ensure their decisions and judgements are properly motivated,” he asserted.

Justice Marful Sau, who spoke on behalf of his colleagues, thanked the President for the honour done them and the confidence reposed in them.

He promised that they would discharge their judicial functions effectively and protect the Constitution at all times.

Marful Sau and Agnes Dordzie, until their appointment, were Appeals Court Judges, while Nene Amegatcher and Prof. Ashie Kotey were the immediate-past President of the Ghana Bar Association (GBA) and former Dean of the Faculty of Law at the University of Ghana, Legon respectively.