Judicial independence, democratic renewal, and the required evil: Ghana’s present crossroads
Democracies don’t collapse in a single day; they decay steadily, usually beneath the guise of legality and sloganeering beneath well-liked leaders. Judicial independence is the lifeblood of any functioning democracy.
With out it, the rule of legislation collapses into the rule of males, and should be zealously guarded. Judicial independence is important, however independence with out accountability breeds impunity. As Justice Sandra Day O’Connor as soon as mentioned, “Judicial independence shouldn’t be judicial supremacy.”
The present suspension of the Chief Justice should not be mistaken for an assault on judicial independence. It’s a painful however vital intervention to reset the judiciary’s credibility, restore democratic steadiness, and forestall deeper state seize.
Our Structure (Article 146) outlines clear mechanisms for suspending and eradicating judges. These processes have been examined earlier than: President Mahama eliminated CHRAJ Commissioner Loretta Lamptey after allegations of misconduct.
Later, President Akufo-Addo eliminated Electoral Fee Chair, Charlotte Osei after inside complaints. Although lawful, these removals reveal that constitutional officers could possibly be susceptible, as Lawyer Samson Ayenini cautioned throughout Mrs. Osei’s investigation.
In the meantime, beneath President Akufo-Addo, worrying indicators of sentimental court-packing emerged:
- Over 14 Supreme Court docket judges appointed in a single time period;
- Enlargement of decrease courts with loyalty issues;
- Important rulings favoring the manager;
- Pressured retirement of impartial watchdogs like Daniel Domelevo.
This sample displays how state seize begins: controlling the courts to regulate democracy itself.
Globally, historical past warns us. In South Africa, post-apartheid constitutional architects designed a powerful Judicial Providers Fee to stop political domination of judicial appointments, exactly to stop future state seize via the courts.
Equally, in post-authoritarian Latin America, transitional governments generally needed to purge compromised judges to rebuild legit judicial programs (e.g., Argentina after the Soiled Warfare). In the USA, even tried court-packing by Franklin D. Roosevelt was met with fierce resistance, preserving judicial independence.
Ghana should be taught that no democracy survives with out an impartial judiciary, and no judiciary survives with out accountability. When courts lose independence, elections alone can not save a republic.
Suspending the Chief Justice, following due course of, sends an important message: no official is above the Structure. It’s not a verdict of guilt however a defend for the investigation’s integrity. Permitting allegations to fester unchecked would poison public belief even additional.
The Ghana Bar Affiliation (GBA)’s name to rescind the suspension is comprehensible and possibly vital, however it misreads the extra important menace: True judicial independence calls for each freedom from government management and freedom from inside corruption.
Shielding judges from scrutiny out of concern of optics would betray the very concept of constitutional governance. Ghana is at a crossroads of reflecting on this profound and trustworthy paradox. Both we defend blind loyalty to influential people or battle for loyal service to constitutional rules.
We face a pivotal alternative to reaffirm that no department of presidency, not even the judiciary, is above accountability. Democracy dies when courts serve males, not the legislation. Short-term ache to the judiciary at the moment is preferable to everlasting democratic decay tomorrow.
The author, Dr. Eugene Okay Dordoye is a Advisor Psychiatrist/Senior Lecturer at College of Well being and Allied Sciences, Ho
The publish Judicial independence, democratic renewal, and the necessary evil: Ghana’s current crossroads first appeared on 3News.
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