Justice of the Supreme Court and Director of the Judicial Training Institute, Justice Tanko Amadu, has urged Justices of the High Court, Circuit Court judges and magistrates to jealously guard the rule of law and the independence of the Judiciary, saying these are constitutional guarantees owed to the people, and not privileges for judges.
He said the legitimacy of the country’s democratic order depended significantly on the Judiciary’s ability to discharge its constitutional mandate independently, competently and with integrity, adding that public confidence in the justice system was shaped daily by the decisions and conduct of judges.
“Judicial independence is not a mere privilege granted to judges. Rather, it is a constitutional guarantee owed to the people.
It protects litigants, minorities, and even the state itself by ensuring that judicial decisions are guided solely by law and conscience, free from external pressure, political interference, or improper influence,” he said.
Justice Amadu made the call at the opening of a two-day training programme on the Rule of Law and Independence of the Judiciary in Accra last Wednesday.
The training programme was spearheaded by the Sant’Anna School of Advanced Studies of Pisa, Italy, in partnership with the Judicial Training Institute, with financial support from the Italian Ministry of Foreign Affairs and International Cooperation.
Beyond slogan
Justice Amadu said the rule of law was beyond mere constitutional slogan or a theoretical construct; rather, it was the living framework that ensured that power was exercised according to law, rights were protected without fear or favour, and justice was administered impartially.
He said the 1992 Constitution firmly established the rule of law as a foundational principle, and positioned the Judiciary as a co-equal arm of government entrusted with the solemn responsibility of interpreting and enforcing the Constitution and safeguarding the rights and freedoms of all persons.
The experienced Justice of the Supreme Court further stated that independence must be balanced with accountability, as public trust in the Judiciary depended not only on freedom from interference but also on transparent and fair systems of recruitment, performance evaluation, discipline and continuing judicial education.
“Balancing independence with accountability is one of the most delicate and convoluted tasks in modern constitutional governance,” he said.
Continuous training
A fellow Supreme Court Judge, Justice Kweku Tawiah Ackaah-Boafo, said continuous judicial education was significant, describing the rule of law and judicial independence as the “bedrocks of democracy”.
He said the collaboration with the Italian institution was aimed at enriching the knowledge of judges and exposing them to best practices from other jurisdictions.
“The law clearly is not static. We learn it every day, so if you are a judge and you’ve been given the opportunity to come and study, I think it’s an opportunity well-grabbed,” he said.
Justice Ackaah-Boafo explained that while last year’s training focused on specific substantive areas of law, this year’s programme centred on the constitutional framework of judicial independence and the rule of law.
He said judicial independence had both institutional and personal dimensions and must be examined within the country’s constitutional architecture to ensure that the provisions guaranteeing it were fully realised in practice.
Rule of law
The Italian Ambassador to Ghana, Laura Ranalli, said the rule of law remained a central pillar of democracies worldwide, adding that discussions on how to implement and protect it were ongoing even in Europe.
She explained that the training formed part of a broader “Rule of Law and Judicial Cooperation Project” involving several African countries, and underscored the importance of capacity building in strengthening democratic governance.
“Training is not only one way.
It is an exchange of skills, know-how and experiences,” she said, expressing pride in the collaboration with Sant’Anna, which she described as one of Italy’s centres of excellence.
Source:
www.graphic.com.gh