Judicial independence not privilege for judges — Justice Tanko

A Justice of the Supreme Court, Justice Tanko Amadu, has urged judges and magistrates to uphold judicial independence and integrity in the discharge of their duties, saying judicial independence was not a privilege granted to judges for their comfort or advantage but a constitutional guarantee to the people.

“Judicial independence is not a privilege granted to judges for their comfort or advantage but a constitutional guarantee intended to protect citizens and uphold the rule of law,” he said.

He said the legitimacy of the country’s democratic order depended largely on the ability of the Judiciary to discharge its mandate independently, competently and with integrity.

He further explained that judicial independence should protect litigants, minorities and the state by ensuring that judicial decisions were guided solely by the law and conscience and remained free from political interference, external pressure and improper influence.

"A judge who is not free cannot deliver justice," Justice Tanko said.

Justice Tanko, who is also the Director of the Judicial Training Institute (JTI), was speaking at the opening of a two-day training programme on the Rule of Law and Independence of the Judiciary in Accra last Monday.

The programme, organised by the Sant’Anna School of Advanced Studies of Pisa in Italy in collaboration with the Ministry of Justice and the Judicial Training Institute, brought together 20 selected High Court judges, Circuit Court judges and magistrates.

The two-day programme sought to strengthen participants' understanding of the constitutional principles underpinning the rule of law and judicial independence while promoting comparative learning and institutional development within the country’s Judiciary.

Rule of law, accountability

Justice Tanko said the rule of law was more than a constitutional slogan or theoretical construct, but a living framework that ensured power was exercised according to law, rights were protected without fear or favour and justice was administered impartially.

He said the principle had endured as a cornerstone of democratic governance and public confidence because it stood between citizens and the arbitrary exercise of authority.

The Supreme Court judge said the country’s 1992 Constitution firmly established the rule of law as a foundational principle of the Republic and entrusted the Judiciary with the responsibility of interpreting and enforcing the Constitution and safeguarding the rights and freedoms of all persons.

He added that over the years, the country's courts had built substantial jurisprudence affirming the supremacy of the constitution and the rule of law through several landmark decisions.

Justice Tanko also said judicial independence must always go hand in hand with accountability.

He explained that public confidence in the Judiciary depended not only on freedom from interference but also on transparent and fair systems of recruitment, performance evaluation, discipline and continuing judicial education.

Italy’s cooperation

The Ambassador of Italy to Ghana, Laura Ranalli, said judicial education and training remained central to Italy's international cooperation efforts across the world.

She said such programmes provided opportunities for both trainers and participants to exchange experiences, skills and best practices.

The ambassador said the timing of the programme was particularly significant because Italy would celebrate the 80th anniversary of its republic which fell on June 2, a milestone that underscored the importance of constitutional governance and the separation of powers.

Quoting Italian President, Sergio Mattarella, she said the autonomy and independence of the Judiciary were indispensable because they ensured that judicial decisions were based on the law rather than external pressures, prejudice, influence or fear of criticism.

She said judges had a duty to remain impartial and to uphold high standards of professionalism and moral integrity to sustain public trust in the administration of justice.