wrote on April 4th, 2010 at 9:15 pmlabbaika In cisrapomon with the Judicial performance on the African Continent,Asia,Europe,Australia,Central America and the United States of America which is the Citadel of Democracy.The Ju ... read full comment
wrote on April 4th, 2010 at 9:15 pmlabbaika In cisrapomon with the Judicial performance on the African Continent,Asia,Europe,Australia,Central America and the United States of America which is the Citadel of Democracy.The Judicial system in Ghana in my perspective is one of the best, despite the problems associated with the delivery of justice in the country. In my opinion, the judicial system is responding gradually to the International Justice Standards.Despite the progress made, I believe there are lots of hitches and obstacles hindering the smooth delivery of justice in Ghana. First of all, Executive influence renders the judicial mechanism ineffective and highly dependent on Government. In Ghana political interference in judicial affairs is rapidly becoming a big issue.I recount during the Era of Ex president Kuffuor s political administration, his government manipulated the Judicial system to expedite actions on ex government officials who were accused of causing financial loss to the state.The Judicial proceedings and the constitutional provisions was not strictly adhered to. This lead to the undue conviction of Ex Government officials through the manipulation of the justice mechanism which was an upfront to the rule of law. This move was effected infufilment of electoral promises demanded by the people. The legitimacy of the Fast Track High Court itself was seriously contested by the opposition.Bribery and corruption has also polarized the Judicial administration in Ghana, leading to delays and dispensing of justice with partiallity.Most judicial officials and staffs are morally corrupt and because of the economic situation of the country they take advantage of the system to satisfy their selfish means.Whiles looking at the corrupt judges and other staffs of the judicial service, we have to admit the fact that there are other distinguished judicial service workers who are working genuinely for mother Ghana without fear nor favour to any person(s).However, the condition of services is very poor. The salaries they receive is nothing to write home about. The working environment is also poor and highly uncomfortable. Most Judicial departments and courts are understaffed. This classical situation slow the pace of justice delivery.The fact must be established clearly that, Modern judicial administration, especially in the advanced democratic dispensation use technology to facilitate the delivery of justice.Dipensing justice in the absence of technological devices will lead to delays and inaccuracies. Some lawyers and justice’s have no idea about the application [process of technological devices. This creates room for undue delays of justice since technology can facilitate delivery of voluminous dockets or cases.Attitude of lawyers and judges in general also affects the delivery of justice in the judicial system. Some lawyers and judges are morally corrupt and a case which attracts no palm greasing will not be given the necessary attention.Institutional incapacity is another problem affecting the delivery of justice in Ghana. The judicial system function effectively with the support of other Public institution and in the absence of effective collaboration with security institution like the CID, Police service BNI, Serious fraud office etc, justice become difficult.Political parties, Pressure groups and the Media in Ghana greatly influence judicial decisions. If a party member is identified to be a loyal supporter of a particular party, political parties, pressure groups and media houses loyal to the party demonstrates and mount pressure on the Government and try as much as they can to resist or influence court order and decision.The above seated problems has rendered the judicial system highly vulnerable and susceptible to the extent that the poor and the down trodden has lost confident in the Justice system because it always go infavour of the RICH. The judicial system is very expensive and this makes the poor in the society voiceless and helpless in the quest of justice.Despite all this enumerated problems, I still believe, there are ways in resolving the mess and the canker to get the judiciary back on track to function effectively and efficiently without fear nor favour.1. In order to make this a reality; the we need to have an effective system of checks and balance.2. Executive influence in judicial affairs must be avoided and discouraged.3. The Judiciary must be well staffed with resources and logistics.4. Technological revolution must be effected to strengthen the delivery of justice.5. Institutional capacity will help facilitate delivery of justice and will diffuse the impression created by people that delivery of justice can be inffluenced.For example, if the security service is functioning effectively, The volatile comments made by the Asantehene could have been followed by an IINVITATION from any of the appropriate security service for questioning because he is not above the law. If everybody keep silence for the executive to take action it will look as if the Executive is threaten some group of People or influencing state security apparatus. They must know their job.6. More judicial houses and courts must be established and well staffed. 7. Certain cases can be handled by the Assembly,traditional Rulers,Arbitration centers and the police service if well trained to facilitate the delivery of justice.From the fore-going i believe, the NDC as a Government has started on a neat sheet, by following the strict provisions of the constitution despite the public pressure to prosecute ex-Government officials, He is strongly showing resistance to work in accordance with the fundamental law of the land. He can succeed if he embarks on the judicial reforms he has promised.However, Justice delayed is justice denied, Offenders of the law like the Ex-speaker of parliament, police hierarchy which was involve in the missing Cocain scandal under the Ex-presidents administration Kuffuor Government' ,Yaa Naa's murder,Isa Mobila and host of others must be pursued.The reforms promised by the NDC Government will help facilitate the delivery of justice in Ghana.Finally we all have to help to make the judiciary the best in the world to the standards that we expect. Log in to Reply
wrote on April 4th, 2010 at 9:15 pmlabbaika In cisrapomon with the Judicial performance on the African Continent,Asia,Europe,Australia,Central America and the United States of America which is the Citadel of Democracy.The Ju ...
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