Renowned media lawyer and host of Newsfile, Samson Lardy Anyenini, has challenged the Judiciary to make Chief Justice Gertrude Araba Esaaba Sackey Torkornoo’s “LEADing Justice” vision a reality by yielding the “expectations of leadership in quality justice delivery.”
He says “LEADing Justice”, a vision coined out of the acronym LEAD—representing Law, Ethics, Assets, Due Process, and Digitalization— must underscore the judiciary’s commitment to judicial integrity and modernization, and cannot be taken lightly.
“LEADing Justice is certainly a great branding mantra, but it must not merely be easy on the lips of judges and court workers for brand effect. It must carry expectations of leadership in quality justice delivery,” Anyenini stressed, emphasizing the need for tangible outcomes in line with this vision.
Samson Anyenini laid the charge when he delivered an impactful speech at a symposium to mark the 50th anniversary of the Judicial Service Staff Association of Ghana (JUSAG), at the University of Cape Coast (UCC).
Mr. Anyenini also highlighted the importance of Lord Hewart’s famous 1924 dictum from Rex v. Sussex Justices, which states that “Justice must not only be done but must also be seen to be done,” and noted that transparency and predictability are key to fostering public trust in the judiciary, particularly in election-related disputes.
Judiciary’s Embrace of Digitalization
Anyenini spoke about the judiciary’s need to embrace digitalization to remain relevant and deliver on its mandate in today’s fast-moving world.
He called on the government to fully fund the judiciary’s digital transformation efforts, saying, “If the judiciary must stay relevant as that critical institution that thrives on trust, a vision to go fully digital is not only the path to survival but excellence in the new order of an open society.”
Referencing Chief Justice Gertrude Torkornoo’s media broadcast on the judiciary’s digitalization efforts, Anyenini said, “The service, with the benefit of lessons from the Fast Track Court experiment, must find creative means to mobilize resources to make digitalization a reality.”
Opacity and the Threat to Democracy
Turning to the broader state of governance in Africa, Samson Anyenini warned that a lack of transparency in governance endangers democracy. Quoting data from Afrobarometer’s African Insights 2024, he noted that over 53% of Africans in 39 countries would accept a military takeover if elected leaders abused power. “This receding confidence in democratic structures,” he said, “is a clear warning to governments that opacity cannot be business as usual.”
He attributed Africa’s historical instability and resurgence of coups to the lack of open governance, pointing to a staggering 327 coup d’états in Sub-Saharan Africa between 1956 and 2001.
“A life of integrity is not lived in opacity. Justice emanates from the people but is administered on their behalf by an independent judiciary,” he emphasized, citing Article 125 of the Ghanaian Constitution.
Judicial Independence, Integrity, and Elections
The theme of the symposium—”Judicial Independence and Integrity: Critical Ingredients for a Peaceful Election 2024″—was at the heart of Anyenini’s remarks on election disputes and political trust.
He underscored the role of the judiciary in ensuring peaceful elections, advocating for speed and predictability in resolving election-related cases.
“Speed and predictability of judicial outcomes are key ingredients for judicial independence. If a party lives with the assurance that they will receive justice, they are less likely to resort to extra-judicial means that threaten peaceful elections,” Anyenini argued.
He pointed out the irony in political parties’ mistrust of the courts when out of power, describing how the opposition National Democratic Congress (NDC) had recently demanded a forensic audit of the electoral roll, citing widespread irregularities.
Anyenini observed, “The NDC is reluctant to approach the court, even though similar grievances were raised by the New Patriotic Party (NPP) in 2016.”
He further criticized the politicization of institutions, especially the Electoral Commission (EC), noting that the EC’s public trust had eroded from 75% in 2005 to 33% in 2024.
“Elections are about the voters, not the EC. What does the EC lose in granting a request that could improve its credibility?” he asked, urging reforms to address perceptions of bias and political interference.
Call for Speedy Resolution of Election Disputes
Samson Lardy Anyenini highlighted the Chief Justice’s recent announcement at the Bar Conference in Kumasi about dedicated rules for resolving parliamentary election disputes, and called for similar expedited processes in election-related cases, pointing to best practices from Kenya and the UK, where such disputes are resolved in months rather than years.
“The noble pursuit of the Chief Justice to turn things around will not succeed without you, the staff,” he told JUSAG members, urging them to play a pivotal role in ensuring the judiciary’s efficiency and trustworthiness ahead of the 2024 elections.
He also encouraged all stakeholders to uphold the principles of transparency and accountability in the judiciary, saying, “We have a significant role to play in ensuring that the judiciary remains a pillar of trust and democracy in Ghana.”