According to Prof. Stephen Kwaku Asare, Ghana’s judicial independence score of 69.9 on the Mo Ibrahim Governance Index in 2021 is a commendable achievement, especially when compared to the mean score of 43.3 for all African countries.
He observed that Ghana’s overall performance is impressive, though with some room for improvement, demonstrating a high level of efficiency and effectiveness in justice administration, which highlights the country’s dedication to the rule of law.
The Mo Ibrahim Governance Index is a comprehensive assessment of governance quality in African countries, evaluating factors such as the rule of law, transparency, accountability, and human rights.
“The Mo Ibrahim governance index has a sub-indicator that assesses the extent to which courts, therefore judges, are independent”.
“What caught my eyes was the time series on this score, which ranges from 64.4 in 2020 to 95.6 in 2012. As shown below, the score has fallen by 25.7 from 2012 to 2021. Unfortunately, I could not get the scores from 2022 to the present presumably because it has not been updated”.
Prof. Stephen Kwaku Asare
Prof. Asare further underscored that judicial independence is the essential attribute of the courts, ensuring that justice is administered in a manner that is not only fair and impartial but also efficient and effective, unencumbered by external pressures or agendas.
He bemoaned the fact that Ghana, which had previously achieved a commendable score of 95.6 on the Mo Ibrahim Governance Index in 2012, has since failed to sustain its governance performance, resulting in a noticeable drop in its rankings.
He expressed grave concern that the latest score signals a distressing trend, putting the spotlight on the need to safeguard judicial independence and the rule of law, which are essential pillars of Ghana’s democracy.
Prof. Asare maintained that a decline in judicial independence inevitably compromises the rule of law, leading to a breakdown in the legal framework that safeguards individual rights and freedoms.
Judicial Independence Crucial For Public Confidence
Furthermore, Prof. Stephen Kofi Asare emphasized that a decline in judicial independence can have a corrosive effect on public trust, leading to a loss of faith in the justice system and its ability to deliver impartial and fair outcomes.
He pointed out that when confidence in the justice system wanes, individuals may turn to alternative, potentially unregulated, mechanisms for resolving disputes, which can undermine the rule of law and perpetuate injustice.
“Land guards, akonedi, conflicts are examples of these alternative vehicles, which invariably produce inferior solutions and make us all worse off”.
“Judicial accountants may argue about the source of the decline. GOGO’s position is that we must take the necessary steps to arrest the decline in the indicator”.
Prof. Stephen Kwaku Asare
He stressed that reversing the decline in judicial independence is crucial, as it is the cornerstone of a fair and impartial justice system, where judges can operate freely, untainted by external influences or biases, and deliver verdicts based solely on the law.
Prof. Asare emphasized that the independence of the judiciary also ensures that all persons, regardless of their race, gender, social class, or position, are treated with equal dignity and respect, and receive impartial justice under the law.
He indicated that judicial independence has several key components, including security of tenure, financial autonomy, and freedom from executive and legislative interference.
As such, Prof. Asare pointed out that judges must be shielded from arbitrary removal, ensuring they can make decisions without fear of reprisal.
He stressed that adequate funding and resources are also crucial, enabling courts to function efficiently and effectively.
Likewise, judicial independence fosters a culture of impartiality, where judges are insulated from external pressures and biases.
This ensures that all individuals, regardless of their background or status, receive equal treatment under the law.
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