{
  "id": 3812084,
  "title": "Supreme Court can depart from previous decisions when necessary – Justice Sophia Essah",
  "url": "https://urgent.news/2026/08/27/supreme-court-can-depart-from-previous-decisions-when-necessary",
  "topic": "world",
  "section": "World",
  "published": "2026-08-27T18:19:00.000Z",
  "source": {
    "name": "MyJoyOnline Ghana",
    "slug": "myjoyonline-ghana",
    "url": "https://www.myjoyonline.com/supreme-court-can-depart-from-previous-decisions-when-necessary-justice-sophia-essah/"
  },
  "original_language": "en",
  "account": "Supreme Court nominee Justice Sophia Rosetta Bernasko Essah has stated that the highest court in the land has the power to deviate from its earlier judgments when this action is essential to avert injustice or rectify a legal error. Testifying before Parliament's Appointments Committee, Justice Bernasko Essah acknowledged that Supreme Court rulings provide essential certainty, stability, and predictability to the legal system. However, she contended that the court should not be tethered indefinitely to a precedent that has resulted in an unjust or legally unworkable outcome. Responding to a query about whether the Supreme Court, whose judgments bind all other courts, including itself, should be allowed to break from its previous decisions, Justice Bernasko Essah affirmed that such departures can be permissible, provided they are justified by compelling reasons in line with Article 129(3) of the 1992 Constitution. \"Yes, to the extent necessary, the Supreme Court is required under Article 129(3) to depart from its previous decisions if need be,\" she affirmed. She elaborated that judicial precedent is vital for maintaining consistency within the legal system by ensuring similar cases are dealt with predictably. However, she added, if a case appears to the court as unjustly decided, creating injustice, making errors in principle, or being inconsistent with the Constitution, or impractical, then the court has the discretion to deviate from its prior ruling. Justice Bernasko Essah stressed that such a deviation should not be made lightly. She emphasized that when the Supreme Court opts to override an earlier stance, it must provide compelling reasons for this action and explicitly articulate the new legal standard. This approach, according to her, strikes a balance between honoring established judicial precedent and ensuring the law remains adaptable to constitutional principles, fairness, and evolving circumstances.",
  "summary": "Supreme Court nominee Justice Sophia Rosetta Bernasko Essah has said the apex court has the authority to depart from its previous decisions where doing so is necessary to prevent injustice or correct an error in the law.",
  "key_points": [],
  "editors_take": null,
  "illustration": null,
  "coverage": {
    "outlets": 3,
    "also_reported_by": [
      {
        "outlet": "MyJoyOnline Ghana",
        "title": "Supreme Court should have no cap on number of judges – Anthony Forson Jnr",
        "url": "https://urgent.news/2026/08/27/supreme-court-should-have-no-cap-on-number-of-judges-anthony-forson",
        "published": "2026-08-27T16:20:01.000Z"
      },
      {
        "outlet": "Adom Online",
        "title": "I have no problem with public tribunals; they’re constitutional – Anthony Forson",
        "url": "https://urgent.news/2026/08/27/i-have-no-problem-with-public-tribunals-theyre-constitutional-anthony-3801603",
        "published": "2026-08-27T19:13:22.000Z"
      }
    ]
  },
  "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."
}