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Judicial Reform Key to Winning the Fight Against Corruption

Lilian Ahedorby Lilian Ahedor
December 19, 2024
Reading Time: 4 mins read
judicial independence in focus

Supreme-Court-Ghana

Prof. Kwaku Azar Asare has emphasized that the fight against corruption cannot be successful without comprehensive judicial reform. 

He argued that even the most meticulous investigations would yield little impact if corruption cases become bogged down in an inefficient and ineffective court system.

Prof. Asare likened prosecuting corrupt individuals in a corruption-friendly judiciary to “setting a fox to guard the henhouse,” stressing that such an approach is both futile and counterproductive. 

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According to him, without a competent and impartial judiciary, true accountability and justice remain unattainable.

“To overcome this challenge, dedicated Corruption Courts should be established with a clear mandate to adjudicate corruption cases within a strict timeframe of a few months.

“This specialized framework would ensure swift, focused, and efficient prosecution of corruption-related offenses, fostering accountability and serving as a deterrent to misconduct. Countries such as Kenya, Uganda, Tanzania, and several across Asia have implemented similar measures with remarkable success”.

Prof. Kwaku Azar Asare

Prof. Asare further emphasized that corruption courts are effective because of their specialized focus. 

Professor Kwaku Asare Azar
Professor Kwaku Asare Azar

He explained that judges assigned to these courts would receive targeted training in handling complex corruption cases, equipping them with a deeper understanding of financial crimes, public sector fraud, and anti-corruption laws.

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He further argued that such courts ensure faster case resolution. By dedicating their attention solely to corruption-related matters, they can significantly reduce delays and backlogs. 

This approach, according to Asare, allows cases to be resolved within months, preventing the drawn-out trials that often undermine public confidence in the justice system.

He highlighted that dedicated corruption courts promote transparency by fostering greater public scrutiny. 

He maintained that their processes and decisions are open and clear, helping to build trust and confidence in the judicial system. “Swift prosecution and sentencing signal a strong commitment to fighting corruption, discouraging potential offenders, and strengthening ethical governance”.

Azar Calls for Ethical Reforms to Boost Corruption Courts

Furthermore, Prof. Kwaku Azar Asare proposed measures to enhance the effectiveness and ethical standards of judges in corruption courts.

He emphasized the need for “Merit-Based Appointments”, where judges are selected based on integrity, competence, and proven track records. 

He stressed that a thorough vetting process should be employed to ensure that only the most qualified and ethical candidates are appointed, cautioning against appointments based on loyalty or political affiliation.

Law
Law

“Continuous Training; Regular training in financial crime detection, anti-corruption frameworks, and emerging trends in corruption schemes would keep judges well-prepared and ahead of sophisticated offenders.

“Strong Oversight Mechanisms; An independent body should oversee the performance and conduct of judges to ensure accountability. This could include regular audits, evaluations, and mechanisms for reporting misconduct”.

Prof. Kwaku Azar Asare

He also emphasized the importance of “Protection Against Interference”, advocating for judges to be shielded from political pressure and external influences. 

He called for robust security measures and legal protections, especially for judges handling high-profile corruption cases, to ensure their independence.

Prof. Asare proposed a strict code of conduct for judges, with zero tolerance for corruption or conflicts of interest. 

He stressed that any breach of these guidelines should result in severe consequences, including removal from office.

Additionally, he underscored the need for adequate resources to support the work of corruption courts. 

He called for sufficient funding to provide access to modern technology, expert witnesses, and forensic tools, all of which are essential for improving the efficiency and quality of judicial rulings.

Prof. Asare highlighted that specialized corruption courts have proven effective in several countries by reducing delays, improving judicial focus, and rebuilding public trust in the legal system. “In addition to their establishment, ensuring that judges in these courts are well-equipped, independent, and ethical is essential to maximizing their impact”.

Accordingly, he emphasized that implementing these reforms would be a decisive and essential move toward curbing corruption and bolstering the nation’s governance framework. “Without these reforms, our efforts will remain merely rhetorical, with no tangible impact on the fight against corruption”.

READ ALSO: GSE Records Declines in Volume and Turnover Despite Market Gains

Tags: Anti-CorruptionCorruptionCorruption CourtsGhana NewsJudicial Reform
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