President Nana Addo Dankwa Akufo-Addo has stated that the opinions of Supreme Court justices on cases brought before them are essential for national progress, particularly in these trying times.
He said that this is why the 1992 Constitution's Article 129 designated the Supreme Court as a policy court, where important judgements on the country's social and economic growth were made in response to the needs of the day.
Hence, the President cautioned Supreme Court justices to be knowledgeable, familiar with their case law, and to make sure that decisions and verdicts were properly justified, emphasising that "Judges contribute to the orderly development of the nation in this manner."
Event
As he swore in two judges to the Supreme Court, President Akufo-Addo made this statement. They are Justice Ernest Yao Gaewu and Justice George Kingsley Koomson.
Their appointment was required due to the vacancies left on the bench after Justices Clemence Honyenuga and Agnes Dodzie retired on September 24, 2022, and October 2, 2022, respectively.
Also, it was in accordance with Article 144 Clause 2 of the Constitution, which dealt with nomination and confirmation procedures that were started by the Judicial Council after consulting with the Council of State and approved by Parliament.
Judgements
The President said that it was unacceptable for judges to issue judgements based on lower court rulings and claim them as precedent, and it was even less acceptable when judges issued judgements without citing any precedent at all.
He advised judges to keep in mind that the judiciary must command the respect of the people via their conduct and the calibre of the decisions they issue if the country is to continue growing.
He highlighted a case, Tuffuor v. Attorney-General, in which he (the President), then a practising lawyer, had served as lead counsel for the plaintiff and prevailed to illustrate the living organism character of the Constitution.
The unanimous decision was delivered by Justice Sowah, JSC, who noted that the Constitution includes both a letter and a spirit. Hence, one must treat its language as though it were a live thing capable of expansion and evolution.
"Its interpretation requires a broad and liberal spirit. It forbids a restricted interpretation. It won't do to interpret the Bible from a theological standpoint. Its ideas must be taken into consideration, and we must use that thought to help us adapt it to the demands of the day.
The Supreme Court "must have all the rights, authority and jurisdiction granted in any court created by the Constitution or any other legislation," he said. "As stipulated in Article129, the Supreme Court was not obligated to adopt rulings of any other court, including its own."
All other courts are required to abide by the Supreme Court's rulings on legal issues, therefore according to President Akufo-Addo, it is crucial that the justices of the high court have a solid understanding of the law and precedent, which served as the cornerstone for the development of the legal system.
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