The Executive Director of the Center for Democratic Governance-Ghana, Prof Kwasi Prempeh, has highlighted the importance of effective case management over increasing the number of judges to handle caseloads in the judiciary.
Speaking on JoyNews’ The Law, Prof Prempeh stressed the necessity of understanding the underlying factors contributing to high caseloads.
He highlighted the significance of adequate resources for the court, including technological advancements, administrative support, and research assistance, as critical components in managing caseloads efficiently.
“The resources available to the court matter a lot; technology, administrative support, and research support. In many jurisdictions, there are law clerks. Each Supreme Court judge in the US has six law clerks from top law schools.
“So how the court itself organises its business, the administrative support, the research support, all of these things are important,” he said.
Prof Prempeh further suggested that the organisation of the court’s business, supported by robust administrative and research infrastructure, is pivotal in handling cases more effectively.
“Even the clarity of the court judgment is important,” he remarked.
“Often, when there is clear-cut case law or doctrine, clients are advised against pursuing cases that are deemed futile, thereby reducing the number of cases that reach the courts.”
According to Prof Prempeh, increasing the number of judges should be considered a last resort.
Instead, he urged stakeholders to focus on improving administrative and research support, technological infrastructure, and simplifying procedures to enhance the court’s efficiency through better case management.
“We must probe further and understand what is driving the caseload. Before resorting to increasing the number of judges, we should consider what has been done about administrative support for the court, research support, and technological support.
“Enhancing the efficiency of the court through effective case management and procedural simplification is where our focus should be,” he noted.
His comment comes after Justice Gertrude Torkornoo asked President Akufo-Addo to nominate five judges to the Supreme Court, a request that has been criticised as a breach of the constitution.