Measures To Ensure Speedy Process Of Cases In The High Court And To Reduce Corruption And Delays In Justice Delivery System.
The High Court is the second-highest judicial institution after the supreme court. It is based in the various regional capital of Ghana. The high court is in charge of adjudicating cases in the country that are beyond the magistrate and the juvenile courts. The high court case only goes to the supreme court through an appellate court when a party is not satisfied with the decision taken at the court. There have been delays and corrupt practices in the high courts in Ghana during adjudication. This has rendered the institution with several adjectives such as ineffective, corrupt, inefficient, weak, failed, fragile, and among others. However, there are proposed ways that will ensure speedy recovery and effectiveness in the court institutions. These measures are the subjects of discussion in the subsequent paragraphs.
Increase salaries and improve working conditions of judges
One way to ensure effectiveness in the adjudication of cases in the high court and also to reduce the level of corruption in the court is by increasing the salaries of judges and improve their working conditions. According to Appostlou (2013), workers are greatly influenced by external or monetary motivation which includes their salary. This will motivate the worker to work tirelessly towards the achievement of organizational goals. The satisfaction theory opines that when employees are satisfied with their salary and other monetary incentives within the organization, they get to work hard and also detach themselves from any form of corrupt practices. More so, improving working conditions serve as a measure to reduce corruption and increase motivation to work in achieving the organization's goal.
When the working conditions of judges such as time to go and to close from work, the relationship that exists between and among judges (thus whether there is a friendly and sociable relationship among the judges). When this is ensured, it increases the intrinsic motivation of the judge, commitment to the goal of the court, and increase the happiness and integrity of the judge. Improving working conditions does not only ensure a speedy process but also ensure corruption-free in the provision of justice in the court. However, the theory of reciprocity states that corruption is inevitable and that the existence of corruption stems from the tradition that one must show appreciation of service delivered even if it is the primary duty of such person or office. Meanwhile, other factors such as inadequate high courts, inadequate judges, the weak institutional framework to guide the process also delay justice delivery and breed corruption. This means that even if the working conditions of judges are improved, corruption is still unavoidable. This led to the view that increasing the number of high courts in Ghana will ensure speedy delivery of justice and reduce corruption and this is the subject for discussion in the next paragraph.
Increase the number of high courts in Ghana
Having enough high courts in the country will ensure the speedy process of cases in the high court and reduce corruption. Increasing the number of high courts simply means establishing more high courts in the country. How does this ensure a speedy process and reduce corruption? First, it will give the clients enough courts to choose from thereby reducing the number of cases that are often loaded in one high court. This will not only ensure speedy delivery, but it will also establish trust and confidence on the part of the clients in the court. The judges will have few cases to provide justice to and this will allow them to address the case effectively and efficiently. Second, establishing more high courts in Ghana will reduce the workload of high courts and therefore, ensure a speedy process in the adjudication of cases. Apparently, there will not be delays in the adjudication process, hence reducing the tendency of corruption. This can be an effective way to address the ineffectiveness and corruption characterized by the high court in Ghana since cases will no longer stay in the court for a longer time. However, increasing the number of courts without increasing the number of justices is like fighting for a place in the titanic, it will not solve the problem completely.
Appointment of more judges to the court.
In addition to increasing the number of high courts and increasing the salaries of judges, appointing more judges will ensure speedy adjudication of cases and tackle corruption that has becomes a way of life of many high courts and judges in Ghana. This will reduce the workload of judges and ensure speedy delivery of services in the court. Since there will be enough judges to sit on a case, the process will be smooth and without delays. This will also reduce the level of corruption in the court since it’s these delays that call for payment of money for their cases to be adjudicated fast or go in their way. When there are many judges in a high court, the phenomenon of establishing a client-judge relation that leads to corruption will disappear since the client may not be lucky to meet that particular judge all the time. More so, the judges should not just be appointed but should be appointed based on qualification and competency, and should be trained to be each other’s watchdogs. To make this effective the individual should be protected from being attack when exposing a colleague. This will be the subject of discussion in the next paragraph.
Protection of whistleblowers of the corruption scandal in the high court in Ghana
Sometimes the fear of being attacked deterred people from exposing and reporting bad and amoral behaviors. Corruption is one of the biggest crimes that the law does not spare in Ghana. The worst case is when it is done with the law court, the institution which should be partial, uncorrupt in the performance of its duties. Since corruption is inevitable, the aim should not be to stop it but to reduce it. This can be done by identifying, reporting, shaming, and allowing to law to punish them accordingly. But the security of the reporter needs to ensure, hence the protection of whistleblowers of corruption scandals in the high court will reduce corruption in the court. The constitution should make provisions to safeguard the security of individuals who took it upon themselves to identify and report corrupt people. It should also strengthen the institutions responsible for fighting corruption in the country, such as the special prosecutor, the attorney general, and other institutions. This is to ensure that, the individuals who occupy and personifies these offices are not attacked. This will also eliminate the fear that they often harbor when dealing with corruption. The attack and murder of some investigative journalists clearly showcase what is been elaborated.
Conclusion
Increase salaries and improve working conditions of judges, Protection of whistleblowers of the corruption scandal in the high court in Ghana, Appointment of more judges to the court, Increase the number of high courts in Ghana, Increase salaries and improve working conditions of judges are good measures to ensure that the high courts in Ghana perform to expectation. It worth noting that using only one of these measures may not help solve the problem, but a combination of three or more.
Political Scientist Bilijo David Wuyin
PLACE OF BIRTH: WIAE-CHABOB
DISTRICT: KPANDAI
EDUCATION: MPHIL CANDIDATE, POLITICAL SCIENCE KNUST
BA.POLITICAL STUDIES, KNUST
RESEARCH AREA: POLITICS AND DEVELOPMENT, CONTEMPORARY AFRICAN POLITICS,
COMPARA
Disclaimer: "The views expressed in this article are the author’s own and do not necessarily reflect ModernGhana official position. ModernGhana will not be responsible or liable for any inaccurate or incorrect statements in the contributions or columns here."