A Justice of the Court of Appeal, Sophia Rosetta Bernasko-Essah, has urged the public to desist from crossing the boundary through scurrilous attacks on the courts or making prejudicial statements on pending matters, saying such tendencies impaired public confidence in the judiciary.

After a prolonged controversy over the manner of the appointment process and other connecting legalities, Justice Bernasko-Essah took her seat for the vetting that lasted about two hours.

She said once judgment had been delivered, people were at liberty to attack it all the way to whichever level they wished, and could have it determined on appeal.

However, she said, such commentary should be informed discussions instead of inciting the public against the person of a judge or of the entire judicial system.

Mrs Bernasko-Essah said this when she appeared before the Appointments Committee of Parliament yesterday during the vetting for her appointment to the Supreme Court by President Nana Addo Dankwa Akufo-Addo.

Justice Bernasko-Essah was appointed together with a legal academic and fellow of the Ghana Academy of Sciences, Professor Richard Frimpong Oppong.

Their appointment, according to the President, followed the mandatory retirement of three Justices of the apex court earlier this year.

Controversy

The committee had been engulfed in controversy for hours before the real vetting process started, as members debated the appropriateness of the appointment process.

Public confidence

“It is my view that if anyone has the slightest concern with the Judiciary, then it needs to be worked on. And I know that there have been complaints of delays, complaints of unresponsiveness, unequal access to the Judiciary, and as much as possible, it is our responsibility to make sure that those thoughts or views are completely eradicated,” Justice Bernasko-Essah said.

“This is because the authority of the courts thrives on public confidence, and public confidence is one of the pillars of the rule of law, so it is important that as much as possible, we ensure that we gain utmost confidence from the people who have reposed trust in us as a Judiciary to dispense with justice on their behalf,” she added.

Justice Bernasko-Essah said when it came to matters of unethical conduct, the Judiciary was doing a lot about it. She, however, suggested that there should be a sustained monitoring of the compliance with legal ethics in the judicial system to ensure a strict adherence to the code of ethics.

“We must ensure that incidents or allegations of improper conduct must be dealt with decisively and speedily. I would also say that we must, as judges, try to deliver or render our judgments without delay,” she said.

She added that there should be decorum and comportment in court as much as possible, and that the Judiciary must do everything to win the trust and confidence of the people who come before it for determination and adjudication of their cases. 

Conduct

Justice Bernasko-Essah said she aspired to construe the Constitution in a manner that would bring hope and achieve the aspirations of citizens of the country in order to be able to live a worthy life to have  better socioeconomic existence.

She held the view that law was tied to life, and, therefore, as much as possible in interpreting the Constitution, it must be done in a manner that would not undermine the social benefits that the law was intended to achieve.

“In interpreting the Constitution, it must be done to achieve a social end, a social benefit, and should not be interpreted in abstracts. Honourable Chair, I would say that interpreting the Constitution must be done purposefully, and it should not be narrow.

It should not be doctrinaire. It should be liberal and broad so that it would achieve the benefits which the good people of this country intended it to achieve,” she stressed.