Tony Aidoo and the Ghanaian Judiciary - Facts

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Parent Category: Justice & Security

Created on Monday, 01 July 2013 00:00

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FACTS

It is true that everywhere around the world, the judiciary enjoys an invaluable measure of independence and immunity from the society in which it serves. This fact could be traced to English legal history or assumption that “the Sovereign King does no wrong”. Professor Kwabena Quansah, accordingly, comments that thus, Judges, as King’s delegates for dispensing justice, “ought not to be drawn into question for and supposed corruption, for this tends to the slander of the justice of the King. Accordingly, Article 127(3) of the 1992 Constitution provides that a Justice of the Superior Court [Supreme Court, Court of Appeal and the High Court], or any person exercising judicial power, shall not be liable to any action or suit for any act or omission by him in the exercise of the [said awesome] judicial power.

This is supported by s. 113 of Courts Act 1993 (Act 459) as amended by the Courts (Amendment) Act, 2004, which captures among others, non-liability of a judge of Circuit Court, a Chairman of a Tribunal and a panel members of Regional, Circuit and Community Tribunals for any matter or thing done by them in the performance of their judicial functions. But had judges ever been beyond reproach in the administration of justices? Never, on this earth! As human beings, they could be innocently, fallible, in their reasoning, judgements, decisions and rulings. And if Oliver Wendell-Holmes were to be believed, a judge could also be bias on the premise of his/her political/ideological beliefs or socio-economic background?