Corruption in judiciary overhyped — Supreme Court Nominee

Supreme Court nominee, Justice Gbiel Simon Suurbaareh, has described perceptions of widespread corruption within the judiciary as exaggerated, insisting that the issue had been "overhyped."

He clarified that while misconduct does occur, it is often misattributed to judges due to a misunderstanding of the judiciary's structure.

"The judiciary is a human institution and it will not lack its bad lots. But I believe that the issue of corruption in the judiciary has been overhyped," he said.

"The public tends to confuse the judiciary with the judicial service. The judiciary comprises the judges and magistrates who adjudicate on cases, while the judicial service comprises directors and other staff. We all wear black suits, so people are not able to distinguish who a judge and who a cleaner or a court clerk is," he explained further.

Justice Suurbaareh made these remarks when he appeared before Parliament’s Appointments Committee last Monday.

He is one of seven Appeal Court judges nominated to join the Supreme Court. He was the third and final nominee vetted on the day.

Accountability exposés

Justice Suurbaareh, responding to a question on judicial exposés as part of efforts to deepen accountability, acknowledged that while uncovering misconduct was important, balancing the exposure of misconduct with the protection of individual rights was key.

The question was based on the controversial 2015 exposé by journalist Anas Aremeyaw Anas that led to the suspension of several judges.

In that vein, he affirmed to the committee that judges were required to declare their assets periodically as an additional layer of accountability, adding, “I remember before I left Kumasi last year, I declared my assets and left it with the Audit Service.”

On judicial impartiality, Justice Suurbaareh stressed that once a judge takes the judicial oath, allegiance lies solely with the Constitution, not with the appointing authority or party in power, underscoring the importance of integrity in upholding justice.

The Supreme Court nominee addressed proposals for an independent body to oversee judicial appointments, arguing that such a system might not necessarily eliminate executive influence.

He questioned who would appoint this independent body, suggesting that if the executive was involved, influence could persist regardless of the structure.

He emphasised that the current system — where the President appointed judges in consultation with the Council of State on the advice of the Judicial Council, and subject to parliamentary vetting — provided sufficient checks and balances.

Justice Suurbaareh, therefore, maintained that the existing process had not been abused and could function effectively if all stakeholders upheld their responsibilities.

He also opposed capping the number of Supreme Court judges, arguing that the workload at the apex court demanded flexibility in appointments.

“I think the open-ended way it is will give the appointing authority the power to appoint as many Supreme Court judges as will be needed at any point in time,” he emphasised, adding that he trusted the power would be used reasonably, not to balloon the number of justices. 

Constitutional review

When asked for input on the ongoing constitutional review process, Justice Suurbaareh proposed that the procedure for removing the Chief Justice should also apply to all other Superior Court judges, including those on the Supreme Court and the regional tribunals.

He explained that under the current system, the Chief Justice alone determines whether a prima facie case exists for the removal of other Superior Court judges.

He suggested this created an imbalance, as it concentrated too much power in one individual.

By extending the Chief Justice’s removal procedure to all Superior Court judges, he believed it would promote fairness, consistency, and judicial accountability across the board.

Justice Suurbaareh also supported the re-establishment of regional tribunals, highlighting their original purpose in handling specialised criminal cases such as corruption and narcotics, which could fast-track justice and ease the burden on conventional courts.

Addressing judicial reluctance to serve in rural areas, he said fewer legal practitioners and limited exposure discourage postings and called on the judiciary’s leadership to enforce staffing in underutilised courts nationwide.