Judicial Independence, barometer for measuring citizen’s quality of life – Lawyer
Mr. Hoenyefia Bodza-Lumor, a senior lawyer, has noted that the quality of justice delivery system was the barometer for measuring the quality of life of every citizen in society.
He said that the only way to achieve good quality life was for members of society to help prevent threats against the independence of the Judiciary.
Mr. Bodza-Lumor was delivering a lecture on: “Reflections on Threats to the Independence of the Judiciary”, in Takoradi on Thursday, to mark the Martyrs Day celebration by the Western Regional Branch of the Ghana Bar Association.
He said the Judiciary must be free from external influence and control to enable it to decide cases fairly and impartially.
Mr. Bodza-Lumor noted that in recent times, the Judiciary had been lambasted with unrestraint comments, which constitute a threat to the independence of the Judiciary and called on Ghanaians to support the promotion of the rule of law.
He said that Judicial independence involved decisional and institutional independence and Judges ability to render decisions free from political, economic or popular pressure as well as ensuring that judgments passed are based solely on evidence and the applicable laws, adding that the Judiciary is a branch separate and co-equal branch of government with the executive and the legislature.
Mr. Bodza-Lumor stressed that Judicial independence is a fundamental human right of every citizen and not a privilege that Judges enjoy as a perk of their office.
He said, Judicial independence provides certainty and stability in our legal system, guaranteeing that disputes can be resolved fairly and impartially. An independent Judge does not fear when ruling against excessive governmental action, overzealous law enforcement or discriminatory policies or powerful economic, political and social actors.
Threats against the independence of the Judiciary can manifest in the creation of special courts outside the ordinary court system to subvert justice, remove officers without due process of law, pass laws to stop or over turn Judiciary decisions and underfund the Judiciary as a means of keeping it in line to compromise the independence of the Judiciary.
Mr. Bodza-Lumor said more often than not, the significant pressure on members of the Judiciary came from the public, particularly as reflected in the media, and that ?media reportage and commentary, sometimes uninformed or ill-informed and sometimes just plain mischievous and malicious all constitute threats to judicial independence.
He said combating Judicial threats and making the Judiciary independent could be achieved through adequate remuneration and appropriate terms and conditions of service, promotion of judges based on objective assessment, competence and a fixed tenure of office.
The President of the Western Regional Ghana Bar Association, Mr. Ebenezer Kwaitoo, asked the media, corporate organizations and all well-meaning Ghanaians to support and respect the independence of the Judiciary to achieve fair trial and the rule of law.
He said everybody is at risk when the Judiciary is threatened and it behoves all Ghanaians to uphold the rule of law.
It would be recalled that in June 30, 1982, three high court judges; Mr. Justice Fred Poku Sarkodie, Mrs Justice Cecilia Koranteng Addow and Mr. Justice Kwadwo Agyei Agyepong were abducted and murdered along with a retired army officer, Major Sam Acquah, for upholding the rule of law.
Source: GNA