‘Judges Must Uphold Impartiality’

Justice Sir Dennis Adjei

 

Supreme Court nominee, Justice Sir Dennis Adjei, has underscored the critical need to safeguard the independence and integrity of the judiciary.

Answering questions before Parliament’s Appointments Committee yesterday, Justice Adjei, who currently serves as a Justice of the Court of Appeal, stressed that judges must uphold impartiality and remain free from influence by both the executive and legislative arms of government.

Referencing the Code of Conduct for Judges and Magistrates of Ghana, he said the moment a judge takes the oath of office, they become fully bound to the principles of impartiality, independence, and avoidance of conflicts of interest.

The nominee further pointed to the Bangalore Principles of Judicial Conduct, a globally accepted framework that reinforces judicial independence at both institutional and individual levels.

“Once you are a judge, you must remember that neither the executive nor the legislature should influence your decisions. Even as an individual, you must not allow anyone to influence you. If you do, you lose your independence,” he told the Committee.

Justice Adjei drew on his rich international experience, including his work with the International Criminal Court and his tenure as Chairperson of the African Judicial Network of Environmental Law.

He noted that his exposure had helped him understand the pressing need for continuous judicial training.

According to him, building the capacity of judges through training and retraining would enable them to firmly resist any attempts by external bodies to interfere with their judicial responsibilities.

Addressing the country’s unique judicial framework, Justice Adjei observed that Ghana was the first country in the world to grant supervisory jurisdiction to its Supreme Court, with Sierra Leone and the Philippines following.

He explained that supervisory powers, which in most countries are exercised by High Courts, are in Ghana handled by the Supreme Court, accounting for about 40 percent of its workload.

He warned that the volume of cases before the apex court was unsustainable, attributing part of the congestion to the broad “interest of justice” standard that allows a wide range of cases to be escalated to the Supreme Court.

He suggested that some appeal cases should terminate at the Court of Appeal to relieve pressure on the Supreme Court.

Justice Adjei also advocated reforms to the country’s jury system, which he said is currently poorly understood and misapplied.

He raised concerns about the long tenure of some jurors, who have effectively become “professional jurors.” According to him, this undermines the peer-review principle that underpins the jury system.

He proposed term limits and stricter qualification standards to ensure the system remains credible and effective.

On the controversial issue of the death penalty, Justice Adjei called for an end to its mandatory imposition in cases of treason and high treason.

He argued that judges should be given the discretion to either impose a custodial sentence or the death penalty, in line with Ghana’s obligations under the African Charter on Human and Peoples’ Rights. He cautioned that Ghana risks international human rights violations if it maintains its current stance.

By Ernest Kofi Adu

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