ATTACKS ON JUDUCIARY, THREAT TO DEMOCRACY, DAILY GRAPHIC, TUE JULY 5, 2011 (CENTRE SPREAD)

Story: Della Russel Ocloo

THE Chief Justice (CJ), Mrs Justice Georgina Theodora Wood, has expressed worry about attacks and threats on the judiciary, saying that such actions do not augur well for the country’s fledgling democracy.
She said it was unfortunate that such ill-motivated attacks, “sometimes plain falsehoods, intimidation and threats” should be directed towards people who had placed their lives and services at the disposal of the country to the best of their ability and conscience.
Mrs Wood made the observation when she swore in a high court judge, Mrs Sophia Rosetta Bernasko Essah, and five circuit court judges in Accra Monday.
She said although the public was entitled to demanding accountability from the judiciary, it ought to be done through constructive criticism.
“He who threatens judicial independence destroys not merely the judiciary, but also the rule of law and the smooth functioning and growth of the economy,” she explained.
The magistrates who gained promotion from the lower bench as circuit court judges are Mrs Rita Agyemang-Budu, Mr Emmanuel Brew Bart-Plange and Ms Audrey Kocuvie-Tay. Others are Ms Eva Bannerman-Williams and Ms Janet Anima Maafo.
Mrs Wood indicated that the 1992 Constitution guaranteed absolute independence to all members of the judiciary.
“Thus, the removal of Justices of the senior judiciary, including the CJ, can only be done through the constitutional procedures under Article 146,” she stated.
Such guarantees, she noted, were not meant to turn members of the judiciary into a special class of citizens who were above the law and exempted from criticism, but were meant for ensuring true independence and integrity, without which the rule of law would be a myth.
While calling on the new judges to maintain high values, professional and ethical standards as contained in the code of ethics, she similarly charged them to discharge their judicial duties completely independent of public opinions from the media, pressure groups and vested interest.
While emphasising that the judiciary was not above criticism, she said accountability lay in the heart of justice administration, as people summoned before the courts to answer either criminal or civil charges were in a sense rendering accountability to the judiciary in the service of the state.
The Deputy Attorney General and Minister of Justice, Mr Ebo Barton-Odro, challenged the newly appointed judges to ensure fairness in the discharge of their duties and pledged the government’s commitment to ensure absolute protection for judges and the general legal council.
Mrs Bernasko Essah, in a speech read on behalf of her colleagues, indicated that they were very conscious of the awesome responsibility entrusted to them by their appointments and charged fellow justices to strive to make a difference in the country’s justice system.
Earlier in his welcome address, the Judicial Secretary, Mr Alex Poku-Acheampong, indicated that the six judges had passed the pre-requisite examinations and rigorous interview conducted by the bench and was optimistic that they would perform their duties in accordance with the judicial oath.
Present at the ceremony were the Minister of Interior, Dr Benjamin Kunbuor, and the President of the Ghana Bar Association, Mr Frank Beecham.