THE Judiciary is one of the three arms of government and its effectiveness thrives on the doctrine of separation of powers. The principle that an independent judiciary is essential for the proper administration of justice is deeply embedded in the 1992 Constitution of Ghana.
Article 125, Clause One of the Constitution unequivocally states that “Justice emanates from the people and shall be administered in the name of the Republic by the Judiciary, which shall be independent and subject to only this Constitution”.
Clause Three of the same article says, “The judicial power of Ghana shall be vested in the Judiciary. Accordingly, neither the President nor Parliament nor any organ or agency of the President or Parliament shall have or be given final judicial power.”
The Constitution prescribes the rule of law, a legal regime under which no one is above the law, and also ensures the protection of the rights of citizens from arbitrary and abusive use of government power as the cornerstone of the governance system in Ghana.
Therefore, although the President appoints the Chief Justice and other members of the bench, based on the recommendations of the Judicial Council, the judiciary is insulated from any control by the Executive or the Legislature. This beautiful arrangement should be able to inspire the confidence of the people in the independence of the judiciary.
During a courtesy call on her in Accra last Thursday by the executive members of the Ghana Journalists Association (GJA), the Chief Justice, Mrs Justice Georgina Wood, asked Ghanaians to disabuse their minds of the perception that the judiciary was under the thumb of influential persons in society, particularly the Executive arm of government.
In spite of the challenges confronting the judiciary, the country can boast of a strong judicial system and it is important for us to be proud of it and provide the necessary support for it to work more effectively.
The Daily Graphic is not opposed to fair comment on actions of the bench, but this must not be done to impugn the integrity of judges. The judiciary in all democratic dispensations is not sacrosanct and can, therefore, be criticised.
The worry is that sometimes the attacks on it create the impression that members of the bench have no mind of their own. We should be mindful of the danger of reducing criticisms to character assassination.
If for nothing at all, the people should be re-assured that the Constitution guarantees the independence of the judiciary and those so appointed to the bench are required to dispense justice without fear or favour, without ill will or affection.
We have made a break from the past and today cases are tried in open courts, while suspects and litigants have the right to counsel and also the right of appeal if they disagree with the decision of the lower courts. Even those dissatisfied with Supreme Court rulings can call for reviews.
The Daily Graphic wishes to appeal to the public to protect our judiciary by having abiding faith and confidence in it, since the alternative of having no judiciary will be a return to the state of nature where violence reigns supreme, an outcome that will be too costly for the nation to bear.
The Daily Graphic cautions against frivolous attacks on members of the bench. For, if nothing changes, a time will come when otherwise competent lawyers will refuse appointment to the bench.
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