'Tread cautiously when delivering verdicts' - Kwaku Azar tells Judiciary

US‑based legal scholar Stephen Kwaku Asare, also known as Kwaku Azar, has urged judges to be more careful with their words, warning that careless language could weaken public trust in the courts.

In a Facebook post titled, “Judges Must Be Measured in Their Words,” shared on April 20, 2026, Prof Azar outlined concerns about the tone and scope of judicial commentary, arguing that courts must remain disciplined in how they communicate decisions.

“Courts do not only decide cases. They speak for the law,” he wrote.

He stressed that judicial language carries authority, permanence, and far-reaching consequences.

He cautioned that judges should avoid going beyond what is necessary to resolve disputes, noting that overly expansive or emotionally charged language risks shifting the role of the court from adjudication to moral commentary.

Referring to separate cases, he criticised instances where judges used strong character descriptions or introduced subjective considerations, such as personal attributes and speculative future prospects, into their reasoning.

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“Courts are expected to assess rights, contributions, and fairness, [and] not rely on social or subjective judgments,” he stated.

Prof Asare also raised concerns about judicial commentary that appears to attribute political motives to legislation, warning that such remarks could blur the line between legal interpretation and political analysis.

He further stressed the need for caution in cases with broader institutional implications, particularly where matters may still be pending before higher courts.

To address these concerns, he proposed three guiding principles for judicial expression: necessity, neutrality, and institutional awareness.

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According to him, judges should limit their remarks to what is required to resolve a case, maintain objectivity in tone, and remain mindful of their role within the constitutional framework.

He warned that failure to adhere to these principles could prejudice future cases, damage reputations unnecessarily, and create perceptions of bias.

“Judicial power is not only exercised through orders; it is exercised through language,” he noted.

Prof Asare added that while judges must decide cases firmly and provide clear reasoning, they must also ensure their words reflect the discipline and restraint required by their office.

“The authority of the court rests not only on what it decides, but on how it says it,” he stated.

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