Kumasi (Ashanti Region) 08 April 2002 - The effectiveness and the efficiency of any judicial system depends on the factors that should exist in order to guarantee the independence of the judiciary. By the independence of the judiciary is meant the freedom that ought to be granted to the courts in order that they are able to perform their functions not only effectively but most efficiently.
Amongst the factors which determine the independence of the judiciary is the ‘Behaviour of Judges.’ In other words, once appointed, the behaviour of judges can also go a long way to shape their impartiality and independence. Judges are expected to strive to be honest, independent and have the courage to say what the law is always. For example, a judge must be free from any legal bias in the exercise of his judicial function. He must also give reasons for his decisions. And most importantly, a judge must disqualify himself from sitting on any case in which her or she has personal interest. The 18 - 24 March issue of the “Kumasi Mail” published on its front page the following: “Fast Track can’t be abolished” says Chief Justice. The detail of the story which was written by Abdul Razak Ibn Abubakar went thus “Mr Justice E.K. Wiredu, Chief Justice has re-affirmed his conviction in the Fast Track Court and pointed out that it cannot be abolished. “The efficiency and transparency of a judicial system that could be compared to the best ones in the world calls for courts such as the Fast Track Court” he said. The reporter continued; “Mr Justice Wiredu who was speaking at the Second Biennial Delegates Conference of the Association of Methodist Men’s Fellowship in Kumasi said; “I knew there has been a lot of hullabaloo about the Fast Track Court which I instituted. But whether Fast Track Court or not I dreamt a dream and I knew what the Lord has in store for me.”
It is the view of the writer that it will be a travesty of justice if the Chief Justice is allowed to sit on the panel he is going to set up to hear the Attorney-General’s review. This view is based on the fact that the Fast Track Court owes its existence to the Chief Justice himself. This explains why he voted for its retention. Second, he is so committed to this baby, which to him came about as a result of spiritual inspiration.
This explains why even after the 5-4 decision of the Supreme Court to abolish it, he stated openly that the ‘Fast Track Court’ cannot be abolished. Everything must be done to protect the integrity and credibility of our judicial system particularly, that of the highest Court of the land. – The Ghanaian Voice
Full details of Tsikata HERE
Send your comments to viewpoint@ghanareview.com