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General News of Thursday, 19 June 2003

Source: GHANAIAN TIMES

Corruption In Judiciary Confirmed

There is corruption in the judicial arm of government. This was confirmed by the Judiciary Committee of Parliament set up by the Speaker, Peter Ala Adjetey to conduct public hearings on the perception of corruption in the Judicial Service.

The committee, however based its report only on submissions and the record of specific complaints gathered during the hearings.

The Chairman of the Judiciary Committee, Kwame Osei-Prempeh, said the committee concluded that lack of transparency, wild discretion, ineffective constitutional provision on corruption, poor conditions of service, abuse of power/conduct of judges and lawyers as well as the police are some of the conditions that encourage corruption.

He also spoke about undue delays in the administration of justice, undesirable external influences in the administration of justice, social values, ignorance of the law and court process as well as weak institutions for dealing with corruption as contributory factors to the problem.

Mr Osei Prempeh said as a first step towards addressing the phenomenon, it is necessary for the entire citizenry to recognise the critical importance of the judiciary in maintaining social peace and order, stressing that ''we all will be the ultimate losers when we bring and help others to bring improper influence to bear on the administration of justice in our country''.

The committee has subsequently recommended measures to deal with corruption in the Judiciary. They include a thorough check on background of nominees to the bench and prospective judicial officers and reflection of merit, competence and integrity in the appointment and promotions on the bench.

It also advised that there should be clearly laid-down criteria for the promotion of judges which must be strictly adhered to and the legal community should be consulted when making appointments and promotions.

The report also noted that poor conditions of service of workers was a contributory factor. ''Low remuneration and absence of incentives, especially at the lower courts account for the high rate of corruption in the justice administration. The poor conditions of service sometimes entice some judges and judicial staff to accept gifts from litigants and create the atmosphere for corrupt acts''.