Fund judiciary adequately to protect judicial independence – Valentin Mensah

Valentin Kwasi Mensah, a governance specialist, has urged for sufficient funding and resources to be allocated to Ghana’s judiciary in order to preserve judicial independence. Addressing a JoyNews public lecture with the theme "Even Judges Must Eat – An Outside-In Provocation," Mr. Mensah contended that while judges could remain independent in theory, their ability to function properly is hindered by insufficient staff, outdated computers, and inadequate funding.

The statement captures a crucial reality: judges and court personnel require adequate conditions for their work, along with courts needing infrastructure, records, equipment, and operational systems for their proper functioning. Demanding judicial independence necessitates providing them with the means to carry out their duties effectively.

Ghana's 1992 Constitution enshrines safeguards for judicial independence, including Article 127 concerning the judiciary's autonomy and aspects of its financial administration. It also covers judicial administrative expenses, conditions of service, and fund allocation, as well as the regulatory framework overseeing the administration and financing of the Judicial Service.

However, Mr. Mensah emphasized that these constitutional safeguards must be complemented by practical implementation and increased transparency in the allocation and use of public funds. He stressed that citizens should have visibility into what courts request, what Parliament approves, what is disbursed, and how the allocated funds are spent.

Institutions that receive public funds must disclose their needs and outcomes. Drawing upon a 1988 study by the Centre for the Independence of Judges and Lawyers, Mr. Mensah differentiated between judges' freedom to decide cases and the employment security and material conditions required to preserve that freedom. He cautioned that constitutional protections could lose their practical significance if inflation erodes the purchasing power of judicial salaries or if approved funding commitments are not fulfilled.

His remarks underscored the interplay between judicial officers' financial security, courts' operational capacity, and the effective administration of justice. The JoyNews lecture, organized in partnership with professional organizations, convened stakeholders to deliberate on Ghana’s judiciary's state and the necessary reforms to enhance justice delivery.

Mr. Mensah’s presentation underscored the imperative to ensure that courts possess the necessary personnel, equipment, and funding to operate efficiently, while also maintaining accountability for the prudent use of public resources.