THE Chief Justice, Mrs Justice Georgina Wood, reiterated her resolve to fight corruption in the judiciary when she declared that “the appointment and promotion of judges will be based on their level of integrity, industry and independence and no other consideration”.
At the launch of findings on a study on the perception of corruption in the judiciary, Mrs Justice Wood also noted that even though integrity was not going to be the only key criterion for work and advancement in the judiciary, “judicial integrity is key to an effective and efficient judicial system”.
In consonance with that philosophy, the Chief Justice announced that the Judicial Service, in conjunction with other international institutions, would soon begin a training programme in judicial integrity and ethics for all levels of judicial staff.
An overview of the report itself showed that corruption in the judiciary was real. Data and information gathered for the report demonstrated convincingly that the issue of corruption was not merely a perception but a reality and that it occurred with frightening regularity within the judiciary.
Key actors in the judicial process — judges, lawyers, litigants and staff of the judicial service — were all said to be keenly aware of the existence of the problem of corruption in the judiciary and had themselves experienced it in one way or another and knew others who had.
Judicial corruption appears to be a global problem — it is not restricted to a specific country or region. Yet manifestations of corruption seem to be at their worst in developing countries and countries in transition.
Indicators of corruption, as perceived by the public, include delay in the execution of court orders, unjustifiable issuance of summons and granting of bails, prisoners not being brought to court, the lack of public access to records of court proceedings, the disappearance of files, unusual variations in sentencing, delay in the delivery of judgements, high acquittal rates, conflict of interest, etc.
One of the key anti-corruption measures put forward by the Judicial Anti-Corruption Programme (JACP) published by the Centre for the Study of Democracy recently is the establishment of the office of a public official — outside the prosecution — who should be endowed with prosecutorial functions by the law (similar to the independent counsel in the US). Such officials should be elected by the National Assembly to investigate corruption within the judiciary and they should enjoy the immunity of magistrates.
The Ghana Integrity Initiative (GII), the local chapter of Transparency International (TI), which conducted the study on Ghana’s judiciary, has also recommended the establishment of a complaints desk at the Supreme Court, as part of the office of the Chief Justice, and the active involvement of the Ghana Bar Association (GBA) in regulating the conduct of lawyers, among other things — all in the bid to fight judicial corruption.
The Daily Graphic thinks both suggestions are laudable and urges the Chief Justice to give them a deep thought in her determination to make corruption a high risk venture in the judiciary.
The image of the judiciary has been severely battered and shattered through the unbecoming conduct and questionable behaviour of some unethical judges. They have insidiously and brazenly destroyed an institution that was in the past viewed with admiration and awe for its high standards of ethics and sound judgements. There is now an urgent need to restore and maintain the dignity, integrity, independence and impartiality of the judiciary.
The eradication of corruption from the justice system is a joint task involving not only judges and members of the legal profession but literally all stakeholders, including all arms of government, the media and civil society.
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