Justice must be seen to be done – Justice Philip Mensah tells vetting committee

Supreme Court nominee Justice Philip Bright Mensah has told Parliament's Appointments Committee that public confidence in the judiciary depends not just on fair rulings but on how justice is seen to be delivered.

Appearing before the committee on Tuesday, June 17, 2025, Justice Mensah answered questions on judicial conduct, constitutional interpretation, legal philosophy, and his dual role as a traditional leader.

“As a judge, you settle disputes between parties. And there's a saying: justice must not only be done, it must be seen to be done,” he said.

Justice Mensah, currently a Court of Appeal judge, described his rise through the judicial ranks as the result of hard work, self-discipline and study, not political influence or favour.

“I started in remote areas. I didn’t say, ‘Because this place is far, I’ll work as I please.’ I worked extremely hard and taught myself the law,” he told the committee.

He opposed proposals to extend the retirement age for judges from 70 to 75 years, saying the physical and mental toll of the work makes such an extension unnecessary.

“The work is very stressful. Unless you are a lazy judge, by 70, you’re exhausted. I don’t support increasing the age. Let the law remain as it is,” he said in response to a question from MP Patricia Apiagyei.

Justice Mensah cited the examples of Justice Professor Kojo and Justice Safebu, who both served briefly after joining the Supreme Court. He said the length of time one serves should not be the only consideration.

“If it pleases the Lord for me to serve even one day, I will do so honourably,” he added.

He confirmed to the committee that he is the Nanamua VIII of Amosima in the Assebu Traditional Area, a stool he inherited in 2016 through his maternal line. Asked whether his chieftaincy conflicts with his judicial work, he replied:

“Both roles are dear to me. I have managed to give equal attention to both and ensured no conflict arises.”

In response to questions about his approach to legal interpretation, Justice Mensah said he supports a practical, grounded form of judicial activism in cases involving public interest or constitutional gaps.

“Our Constitution is a living organism. Where necessary, I am prepared to creatively interpret the law to fill gaps or address injustices,” he said, adding that responsible judicial innovation helps strengthen democracy.

He referred to rulings in Mason v. Mensa and J.H. Mensah v. Attorney-General as examples of how courts can help shape national governance.

Defending a previous ruling in which he dismissed an application to freeze a bank account on grounds of limitation, Justice Mensah said judges must act strictly within the law.

“Judges do justice according to law, not emotions. Equity follows the law,” he said, referring to the case of Economic and Organised Crime Office v Nii Nueh Odonkor