Supreme Court may depart from its previous decisions where necessary — Supreme Court nominee

Justice Sophia Rosetta Bernasko Essah, who is set to join the Supreme Court, has expressed that the high court has the constitutional authority to abandon its prior judgments when it deems it necessary. During her questioning before Parliament’s Appointments Committee on August 27 in Accra, the nominee was asked by Majority Leader James Agalga about the court's permission to deviate from previous rulings.

Justice Bernasko Essah responded that Article 129(3) grants the Supreme Court the power to deviate from its decisions "if need be". While earlier decisions of the Supreme Court typically carry the weight of being binding, the Court retains the discretion to reconsider and change its stance in situations where it finds it prudent to do so.

The relevant clause of Article 129(3) states that "the Supreme Court may, while treating its own previous decisions as normally binding, depart from a previous decision when it appears to it right to do so; and all other courts shall be bound to follow the decisions of the Supreme Court on questions of law." The nominee also explained that if a previous decision is found to be incorrect, contradictory, harmful, or unjust, the Supreme Court is not barred from reevaluating its judgment and, when necessary, departing from its earlier ruling.

Justice Bernasko Essah emphasized that such departures are justified given that judicial decisions, like any human endeavor, may not always be flawless. Her remarks highlight the principle that even the highest court's decisions can be subject to review if new information, pressing circumstances, or a reassessment of the law suggests that an earlier position is no longer appropriate.

This stance underscores the critical balance between maintaining legal consistency and ensuring justice. While the doctrine of precedent fosters uniformity and predictability in the legal system, Article 129(3) allows the Supreme Court to rectify decisions it deems erroneous or unjust.