{
  "id": 3808955,
  "title": "Supreme Court must depart from precedent when necessary to prevent injustice – Bernasko-Essah",
  "url": "https://urgent.news/2026/08/27/supreme-court-must-depart-from-precedent-when-necessary-to-prevent",
  "topic": "world",
  "section": "World",
  "published": "2026-08-27T19:48:23.000Z",
  "source": {
    "name": "Adom Online",
    "slug": "adom-online",
    "url": "https://www.adomonline.com/supreme-court-must-depart-from-precedent-when-necessary-to-prevent-injustice-bernasko-essah/"
  },
  "original_language": "en",
  "account": "Supreme Court nominee Justice Sophia Bernasko-Essah asserted that the highest court in Ghana should be prepared to overturn previous decisions if such action is required to prevent injustice and uphold the nation's 1992 Constitution. During her confirmation hearing before Parliament’s Appointments Committee on Thursday, August 27, 2026, Justice Bernasko-Essah, currently a Court of Appeal judge, explained that while judicial precedent is crucial for maintaining consistency and certainty in Ghana's legal system, it should not be blindly followed when an earlier ruling is unjust, based on a principle error, conflicts with the Constitution, or has become unworkable. The Constitution grants the Supreme Court the authority to depart from its earlier decisions under Article 129(9), Justice Bernasko-Essah stressed that any decision to overturn a prior ruling must be supported by strong reasons and must clearly establish the new legal position. She emphasized that the courts must remain adaptable when their previous decisions no longer serve justice.",
  "summary": "Supreme Court nominee Justice Sophia Bernasko-Essah has argued that the apex court should be willing to reconsider and depart from its previous decisions where doing so is necessary to prevent injustice and uphold the 1992 Constitution. Justice Bernasko-Essah made the remarks on Thursday, August 27, 2026, during her vetting by Parliament’s Appointments Committee following her […]",
  "key_points": [],
  "editors_take": null,
  "illustration": null,
  "coverage": {
    "outlets": 6,
    "also_reported_by": [
      {
        "outlet": "The Chronicle Ghana",
        "title": "Minority rejects rush to vet three Supreme Court nominees",
        "url": "https://urgent.news/2026/08/27/minority-rejects-rush-to-vet-three-supreme-court-nominees",
        "published": "2026-08-27T11:01:35.000Z"
      },
      {
        "outlet": "3News",
        "title": "Capping of SC Justices: I'm an advocate of no capping at the Supreme Court - Forson Jnr",
        "url": "https://urgent.news/2026/08/27/capping-of-sc-justices-im-an-advocate-of-no-capping-at-the-supreme",
        "published": "2026-08-27T15:52:55.000Z"
      },
      {
        "outlet": "MyJoyOnline Ghana",
        "title": "ICT, afternoon court sittings can help clear case backlog – Supreme Court nominee",
        "url": "https://urgent.news/2026/08/27/ict-afternoon-court-sittings-can-help-clear-case-backlog-supreme",
        "published": "2026-08-27T16:54:52.000Z"
      },
      {
        "outlet": "GBC Ghana",
        "title": "Appointments Committee recommends three Supreme Court nominees for approval",
        "url": "https://urgent.news/2026/08/27/appointments-committee-recommends-three-supreme-court-nominees-for",
        "published": "2026-08-27T19:02:37.000Z"
      },
      {
        "outlet": "PBS NewsHour",
        "title": "WATCH: Trump calls Supreme Court ruling on mail ballots 'great' for Republican Party",
        "url": "https://urgent.news/2026/08/27/watch-trump-calls-supreme-court-ruling-on-mail-ballots-great-for",
        "published": "2026-08-27T19:38:14.000Z"
      }
    ]
  },
  "ai_generated": true,
  "disclaimer": "Summaries, key points and the editor’s take are written by software from other outlets’ reporting and may contain errors — always check the linked original."
}