Let jurisprudence and wisdom be the guide in judgement - JAK

Accra, Sept.16, GNA - President John Agyekum Kufuor on Tuesday called on Judges of the Superior Courts of Judicature to be guided by jurisprudence as well as political wisdom and good judgement in the interpretation of the Constitution.

"The Constitution is very much a political document just as it is a legal document, so your interpretation should be guided by jurisprudence as well as political wisdom and good judgement", he said.

President Kufuor said this when he administered the oath of allegiance to eight Justices of the Superior Courts of Judicature at a brief ceremony at the Castle, Osu.

The Chief Justice, Mr Justice George Kingsley Acquah, administered the Judicial Oath.

They were a Supreme Court Judge, four Appeal Court Judges and three High Court Judges, two of them being women.

Dr Justice Samuel Kofi Date-Bah was sworn in as a Supreme Court Judge and Mr Justice Stephen Kanyoke, Mr Justice Francis Kusi-Appiah, Mr Justice Jones Dotse and Mr Justice Anin Yeboah as the Appeal Court Judges.

The three High Court Judges were, Mr Clemence Jackson Honyenuga, Miss Justice Barbara Frances Ackah-Yensu and Mrs Justice Cecilia Hanzzy Sowah.

President Kufuor said Ghanaians opted to be governed democratically on law and the country was committed to the rule of law but most Ghanaians did not know what the rule of law meant.

"Therefore, occasionally we need to remind ourselves that the law is the Constitution and the Constitution is what the Supreme Court interprets it to be", he said.

President Kufuor said Judges of the Supreme Court, in their work should not interpret the Constitution literally since it was a political as well as a legal document.

He said with regard to the oaths sworn to uphold the Constitution and integrity of the State, anytime the Judges were confronted with interpreting the rights and wrongs of people, who appeared before the Court, they should put all the factors that would remind them of their duty to uphold the Constitution, protect it and the integrity of the State.

President Kufuor said it was only through such means that Ghana would make progress on its chosen path of democratic dispensation and urged Dr Justice Date-Bah to dispense his charge with circumspection and wisdom.

President Kufuor told the Appeal Court Judges that it was a great honour to be appointed to that level and the progress they made would depend on how they comported themselves and tackled their work as Justices of the Appeal Court.

"It is a very high office and I expect you to live up to expectation," he said.

President Kufuor asked the High Court Judges to follow the line of their Superiors in the Appeal and Supreme Courts because the entire country was looking up to them.

He said at the end of his official tour of the country, government had realized that the people were happy because there was relative peace and they expected to be governed fairly and, therefore, look up to the Judiciary.

"We expect you to bring honour to your high office and true Justice to Ghana and work to fulfil the motto of the nation" Freedom and Justice".

Mr Justice Date-Bah, on behalf of the Judges, said the Superior Courts had a vital role to protect the country's infant democracy, the Constitution and serve as a bridge between the law and society.

He said protection of democracy implied the protection of human rights and the fundamental freedoms without fear or favour and the Courts had to act wisely in maintaining the delicate balance between the rights of the individual, minorities and the interests and needs of the State. Mr Justice Date-Bah said the Supreme Court as the final Court of the land had a responsibility to develop the law in tune with social changes.

He pledged on behalf of the other Judges to justify the confidence reposed in them and said they would endeavour to be independent, impartial and honest to contribute to the goal of freedom and justice. Present at the function were the Chief Justice, Mr Justice George Kingsley Acquah, Mr Peter Ala Adjetey, Speaker of Parliament and Paapa Owusu Ankomah, the Attorney-General and Minister of Justice. 16 Sept. 03