Constitutional reform must deliver institutions that serve Ghanaians
A judge may be independent on paper and still struggle to deliver justice because a court lacks staff, reliable computers or funds to operate. A public institution may have impressive legal powers yet depend on political goodwill for appointments and resources. These contradictions should be central to Ghana’s constitutional reform debate.
Ghana's constitutional reform must focus on creating institutions that fairly serve all citizens, regardless of which party holds power. The judiciary, for instance, plays a crucial role in interpreting laws and settling disputes, hence its effectiveness impacts every citizen. Judges and court employees require adequate resources and conditions to perform their duties effectively.
Ghana's Constitution already acknowledges this, with Article 127 protecting judicial independence and the Judicial Service Act, 2020 outlining administration, funding, and reporting mechanisms.
However, making these protections effective is a challenge. Citizens need transparency into court requests, parliamentary approvals, fund releases, and expenditure. Institutions receiving public funds should clearly explain their needs and results, even as they maintain their independence. The appointment of Supreme Court judges involves multiple bodies, ensuring checks and balances. Yet, these procedures must also inspire public confidence.
Appointments should be based on merit, with clear criteria and transparent processes. This could draw lessons from Britain's Judicial Appointments Commission, which emphasizes merit and character. While Ghana doesn't need to replicate this model, it can learn from its focus on merit.
Political interference and personal demands from relatives, friends, and community members can also pressure public officials. While better salaries and ethical boundaries can help, they cannot replace the need for strict adherence to ethical standards. Cultural strengths like valuing education and mutual support should be leveraged in the reform process, but practices that undermine fairness must also be challenged.
Technology can significantly improve justice delivery. Electronic filing, searchable records, digital payments, and reliable hearing schedules can reduce inefficiencies. Case management systems and remote hearings could also streamline processes. However, these technological improvements require maintenance, training, cybersecurity, and proper judicial oversight.
Crucially, all citizens, regardless of their access to technology, must be able to track cases and access published judgments. Reform must also address political financing's influence on public institutions to prevent them from becoming tools for private interests.
Written by urgent.news from MyJoyOnline Ghana's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
