President's nominees to Supreme Court vetted
Accra (Greater Accra) 18 July 2000
Three persons nominated by the President as justices of the Supreme Court on Monday pledged to defend the Constitution, administer justice without fear or favour and uphold the rule of law during their vetting by the Parliamentary Appointments Committee.
Mr Justice George Lamptey, Mr Justice Alex Essilfie-Bondzie, both Appeal Court Judges, and Mr Theodore Kwami Adzoe, a private legal practitioner, also acknowledged the important role of the tribunal system in the administration of justice in the country.
Mr Justice Lamptey, 68, said if his nomination is approved, he would continue "to obey his oath of office and do justice to all manner of people". He had been asked as to his role in the sustenance of the country's democratic system.
Mr Justice Lamptey told the Committee that he does not share the view that the tribunals are a duplication of the existing judicial system and should be scrapped.
He said the tribunal system had improved the judicial system where cases are dealt with expeditiously and at the grassroots level too.
On whether the criminal libel law in the statute books should be removed, Mr Justice Lamptey advocated the retention of the law since it represents the wishes of a majority of Ghanaians to protect the reputation of both state and individuals.
He explained that the libel law prescribes sanctions for offenders and that if there should be the need for deciding what form such punishment should take, the decision should be by the generality of Ghanaians.
Mr Justice Lamptey urged media personnel to ensure that the security and interest of the nation are protected in whatever they publish.
He suggested the establishment of a legal department in every media house to guide journalists to avoid libellous publications.
On corruption on the bench, Mr Lamptey said the problem is not only with judges, adding: "the whole Ghanaian society needs to be examined with the view to ridding the nation of this canker".
In reply to what needs to be done to avoid protracted land litigation, he suggested that in areas where people are litigating over land, especially in the cities, the government should use its executive powers and compulsorily acquire such lands and offer them to prospective investors in the national interest.
On calls from certain quarters that the Constitution should be amended, he said the Constitution is overloaded, adding that a number of provisions, including the right to rejoinders, for instance, should have been left out for Parliament to enact laws to address them.
Mr Lamptey, who is married with four children, is a member of the Judicial Council and the Legal Service Board.
Mr Justice Essilfie-Bondzie, 67, told the panel that if his nomination was endorsed, he would faithfully perform his judicial function without fear favour or ill-will.
"I will concern myself with the law as it is and not as it should be. I will defend, uphold and interpret the Constitution to the best of my knowledge to give effect to the law enacted by Parliament."
On delays, Mr Justice Essilfie-Bondzie said the courts should be well equipped to enhance speedy administration of justice.
Besides, he said, adjournments should not be liberally granted by the bench and suggested that a lawyer whose default causes the court to adjourn any case should be made to pay the costs instead of their clients.
On the tribunals, he said their jurisdiction should be expanded to help ease the courts of the numerous pending criminal cases.
Mr Justice Essilfie-Bondzie told the Committee that the Chief Justice is very much concerned about the problem of corruption in the judiciary and has consequently instituted continuing judicial education programmes, which centre around how to avoid corruption.
He said adequate remuneration for judges would also help address the problem and suggested a housing scheme to enable retired members of the bench to own their own houses.
He said this would serve as an incentive to encourage judges with good conscience to avoid being corrupted.
Mr Justice Essilfie-Bondzie, who is married with six children, was appointed an Appeal Court Judge in 1994.
On two occasions, he was appointed Judge Advocate for a General Court Martial.
Mr Adzoe, 54, said his role as a judge would be "a protector of the Constitution and the defender of the rights and freedoms of Ghanaians".
"I will refer to the Constitution and do my best to defend and uphold the liberties of Ghanaians."
On delays of cases, Mr Adzoe attributed the problem mainly to human factor, saying judges have to record every proceeding in longhand and, in some instances, too many cases are listed for the bench to adjudicate in a single day.
He said there is also the need for funding to improve upon the court structures to speed up trials.
On corruption, he pointed out that "it takes two to tango" and urged members of the public to restrain themselves from tempting judges.
Mr Adzoe disagreed with calls for the amendment of the Constitution, saying that any such action should be done with a lot of legal jurisprudence.
He said any amendment should be looked at from the point of view of the democratic process the country is pursuing, adding that such amendments should only be allowed where a provision in the Constitution is likely to prejudice the course and rule of law.
Mr Adzoe, married with nine children, has been a legal practitioner since 1974.
He has been the chairman of the Ghana/Togo Border Joint Demarcation Commission since 1983. He was also a member of the National Commission for Democracy from 1987 to 1992 and member of the Consultative Assembly (1991-1992).
Mr Kenneth Dzirasah, First Deputy Speaker and Chairman of the Appointments Committee, congratulated the three on their nomination and wished them well.
GRi../