KEY POINTS
- IMANI Africa President Franklin Cudjoe accuses Ghana’s Supreme Court of bias.
- Cudjoe expresses disappointment over recent rulings, calling them hypocritical.
- The criticism highlights concerns about judicial independence and fairness.
Franklin Cudjoe, the founding president of Ghana’s independent think tank IMANI Africa, has in the past publicly lambasted the nation’s Supreme Court as hypocritical and double-dealing. Cudjoe’s observations depict the rising fears of bias in the judiciary and especially so having regard to the recent unpopular decisions delivered byArrow as the torchbearer of new insightful judgement. According to GhanaWeb, Cudjoe was surprised by what he says is bias in the court when dealing with cases with political connotations.
The words of Cudjoe also point to a trend that has lately characterized the general population; this is the question as to whether or not the Ghana Supreme Court is living to its mandate of being an honest referee of the nation’s laws or it has taken sides to support a certain political camp. The comments are a part of a broader criticism of the judicial system, a criticism that Cudjoe claims is characterized by decisions that are becoming less and less consistent.
Fears for the neutrality and bias of judges
It is noteworthy that Cudjoe’s critique aims at the recent decisions of courts which he considers to be disobeying general legal doctrines. Although he did not provide examples in this case, his message referred to a practice he thinks erodes the people’s trust in the legal system. According to Cudjoe, if the court is to make decisions that are considered to be prejudice or influenced by external forces then the court will lose the confidence and respect of the people of Ghana.
The IMANI Africa leader’s utterances form part of a growing concern that has been made by several individuals who have demanded that the judiciary should be more open. Legal scholars and political scientists express the same worries, pointing out that not only must the judiciary be nonpartisan, but it must also demonstrate that it is nonpartisan.
Judicial system and democracy in Ghana
The judiciary is an important arm of government in any democracy and especially in Ghana; the Supreme Court has a supreme and paramount role of guiding the country on the implementation of constitutionalism. These are the sentiments of some sections of the Ghanaian society who believe that the judiciary has over the time started to bend the law to suit the political masters.
About the present day context, which Cudjoe describes, the public may become more attentive to the function of the judiciary in the process of democratic legitimation. Critics have pointed out that since the Supreme Court is the last hope of the Ghanaians to provide justice in matters of law, there is need to discharge the court’s responsible by rendering impartial justice to defend democratic principles and credibility.
An appeal for accountability in the Ghanaian judiciary
Although Cudjoe has since apologised for the comments, his utterances are most appropriate given that Ghana is preparing for the next general election and is grappling with politically sensitive legal issues for which an alternation judiciary will be key. As for many others, the expectation is that the Supreme Court will use these criticisms as a wake-up call to reassert the Court’s independence and neutrality in the discharge of its constitutional duties towards the enhancement of Ghana’s democracy. The Supreme Court has the power to eliminate pretext of partiality by social critics such as Cudjoe, and uphold democracy for the benefit of all the people of Ghana
