Prof. Kwaku Azar Asare, an astute lawyer, has emphasized that, unlike politicians who can change their stance within a day, the courts must maintain consistency.
He noted that politicians often have the flexibility to champion a particular position in the morning and completely oppose it by the evening, reflecting the dynamic and sometimes volatile nature of politics.
Prof. Asare stated that, in contrast, the courts cannot afford such inconsistency as their very survival hinges on their ability to maintain stability and adhere to established legal principles.
According to him, the courts must provide a reliable framework within which justice can be administered, ensuring that their decisions are rooted in unwavering principles rather than the shifting sands of political opinion.
“Courts derive their legitimacy from the steadfast, even-handed application of the law. The moment they falter—interpreting the same facts to support jurisdiction in one case but deny it in another—they chip away at [the] public trust”.
Prof. Kwaku Azar Asare
Prof. Asare highlighted a fundamental inconsistency in the judicial process, arguing that courts cannot advocate for the right to a fair hearing if they are also making decisions in ex parte hearings, where one party is not present to provide their perspective.
This practice undermines the principle of fairness and could lead to perceptions of bias in the judicial system.
Furthermore, he stressed the alarming disparity in the speed at which courts handle cases.
According to him, it is unacceptable for some disputes to be resolved in a matter of hours while others, equally significant, languish in the system for years without resolution.
This uneven treatment raises questions about the efficiency and fairness of the judicial process and suggests a need for reform to ensure that all cases are addressed in a timely manner.
Ultimately, Prof. Asare’s remarks underscore the importance of maintaining a consistent and fair approach in the judiciary to uphold public confidence in the rule of law.
Consistency to Forge Acceptance
Moreover, Prof. Kwaku Azar Asare argued that courts cannot justify preventing an MP from serving their constituents for a prolonged period of 15 months while simultaneously upholding the importance of representation in other cases.
He further asserted that people are generally willing to accept decisions they might disagree with, as long as those decisions are applied consistently across similar circumstances.
As such, Prof. Asare emphasized the need for a coherent approach to judicial decisions that respects both the rights of representatives and the principles of fair governance.
“What citizens resist is what they perceive as ‘ananse justice’ for some and ‘ntikuma justice’ for others. Such disparities breed suspicion and resentment.
“When courts fail to apply principles evenly, the public tunes out, disregarding rulings that may, in truth, contain sound reasoning. Consistency isn’t just an ideal; it’s the foundation of judicial legitimacy”.
Prof. Kwaku Azar Asare
He noted further that when courts lack consistency, they forfeit their role as guardians of justice and begin to resemble politicians.
He stated that this shift could lead to a perception that the judiciary is just another arena for political maneuvering, rather than an independent institution dedicated to upholding the rule of law. “Many of us have already tuned out our politicians”.
Prof. Asare expressed concern that, unfortunately, many citizens are starting to disengage from the courts as well.
He questioned the direction the country is heading when even the courts, which should serve as the ultimate bastion of fairness and reason, begin to lose our trust.
According to him, this growing disillusionment is alarming, as it suggests a fundamental breakdown in the relationship between the judiciary and the public.
As such, Prof. Asare highlighted the urgent need for the judiciary to restore public confidence and reaffirm its commitment to impartiality and fairness to fulfill its critical role in society.
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