Supreme Court nominee, Justice Philip Bright Mensah, has stated that Ghana’s judiciary is not under threat, contrary to concerns raised by sections of the public and civil society.
Speaking during his vetting before Parliament’s Appointments Committee on Tuesday, June 17, 2025, Justice Mensah said the constitutional safeguards protecting judicial independence remain intact and continue to guide the work of judges across the country.
Justice Mensah’s remarks come at a time when there has been growing public debate about the perceived politicization of the judiciary and its implications for democratic governance.
Addressing a question on the perceived erosion of judicial independence, Justice Mensah explained the distinction between judicial activity and judicial administration.
He emphasized that no authority — including the President or Chief Justice — can interfere with a judge’s decision-making process.
“when do you talk about judicial independence, we are talking about the work of the judges and also the administrative setup of the judiciary. In the case of work done by the judges, which were called judicial activity, the constitution is very clear on it that, as a judge if I’m sitting, nobody can direct me what I’m must do or say. If so far as I’m sitting with the facts and the law that I have to apply to the case that is before me. So I will not entertain any direction from the, even the president or the chief justice, and that is the independence I’m talking about.”
He further explained that while the Chief Justice, as head of the judiciary, oversees administrative matters, this does not affect the impartial work of judges.
“Now the other side of the independence, which I think that overlaps with that of the executive, is that the chief justice is the head of the judiciary and also the head of that administration. But when it comes to the judiciary activity itself, where the digits are supposed to apply the law to the facts of the cases before them, that one is absolute. No one can interfere with the work of the judge or the magistrate,” he clarified.
Source: Ghana/Starrfm.com.gh/Hamdia Mohammed
