Justice Philip Bright Mensah, nominee for the Supreme Court, has firmly dismissed concerns of any threats facing the judiciary.
During his vetting session before Parliament’s Appointments Committee today, Justice Mensah stated unequivocally, “I’m not sure there is a threat to the Judiciary.”
He insisted that the judiciary remains robust and free from undue influence or intimidation.
The committee further probed whether the Judicial Council, under Article 153 of the Constitution, possesses adequate powers to safeguard judicial independence or if constitutional amendments are necessary.
Justice Mensah referenced Article 125 of the Constitution in his detailed explanation of judicial independence.
He emphasized that judicial independence primarily concerns the work of judges and the judiciary’s administrative framework.
“Judicial independence means that as a judge, no one can direct me on how to decide a case, provided I am guided by the facts and the law applicable,” he explained.
“I will not entertain directions from anyone, not even the President or the Chief Justice, in relation to judicial decisions. That is the core of judicial independence,” he said.
However, Justice Mensah acknowledged the practical overlap between the judiciary and the executive branch in administrative matters.
He narrated that as the Chief Justice heads both the judiciary and its administration, collaboration with the executive is necessary, particularly regarding court infrastructure, office accommodations, and funding.
“You cannot claim absolute independence in administrative affairs because the executive provides the funds, subject to parliamentary approval,” he noted adding “This cooperation is essential for the effective functioning of the courts.”
Source : www.kumasimail.com /Kwadwo Owusu
