ghananlpcommunity/ghana-gov-speeches-sentences huggingface dataset:
These are not just abstract threats.
They are real, and they demand our attention.
As Judges, we have a unique role to play in addressing these challenges.
To do this effectively in the digital age, we must understand the nuances of cybercrimes, appreciate the technical complexities involved, and interpret laws governing cyberspace with knowledge and jurisprudence.
Cyber threats are transnational in nature, and no single entity or jurisdiction can combat them in isolation.
We must actively engage in sharing information, expertise and best practices with our counterparts both within and beyond our borders.
The Commonwealth Secretariat's support for this symposium is a testament to the strength of international cooperation.
Ladies and gentlemen, I am delighted to note that this symposium also presents a unique opportunity for us to delve into the realm of electronic evidence in the context of our judicial system.
Ghana has been actively taking steps to modernise its legal framework, recognizing the pivotal role of electronic evidence in contemporary legal proceedings.
A key legislation is the Electronic Transactions Act, 2008 (Act 772), which laid the foundation for the admissibility of electronic records in our courts.
Nevertheless, as we gather here today, it is imperative to acknowledge that while the legal framework exists, the intricate details of its practical application requires our collective appreciation of how to properly interpret them.
This symposium is a platform for us to examine, discuss and refine our understanding of electronic evidence within the contours of Ghana's legal landscape.
Indeed, we stand at a crucial juncture where we have the opportunity to harness the power of the digital age to reshape and enhance our judicial processes.
The recent past has demonstrated the immense potential of digital tools and technologies.
They enabled us to adapt and continue our vital work in the face of the unprecedented challenges posed by the global pandemic.
In this era of technological innovation, we must seize the occasion to leverage digital tools in our legal procedures.
The potential benefits are significant.
By incorporating these tools, we can revolutionise the way we conduct legal proceedings, leading to increased efficiency and a reduction in the backlog of cases that has plagued our system for far too long.
What's more, by embracing the digital age, we ensure more effective accessibility of justice in our country.
We help to ensure that justice is no longer a privilege reserved for the few who can move and bear higher costs but becomes more readily accessible to all citizens.
Moreover, our approach can extend its reach to non-resident individuals who find themselves requiring dispute resolutions within our jurisdiction.
As I conclude these brief remarks, I urge all of you to actively participate and engage in the symposium's discussions, share your knowledge and engage in meaningful dialogue.
Together, we can ensure that justice is effectively delivered in this digital society.
The challenges may be formidable, but so should be our commitment to upholding the rule of law.
I would like to express my heartfelt thanks to all the participants, the organizers, and, in particular, the Commonwealth Secretariat, for their unwavering commitment to enhancing cyber security within the judicial system.
Let this symposium be a beacon of hope, lighting our path as we navigate the complex terrain of cyberspace to protect the ideals of justice, fairness and the rule of law.
Thank you, and may our deliberations be fruitful.
SPEECH DELIVERED BY HER LADYSHIP THE CHIEF JUSTICE OF THE REPUBLIC OF GHANA, JUSTICE GERTRUDE ARABA ESAABA SACKEY TORKORNOO AT THE LAUNCH OF THE UNIVERSITY OF GHANA SCHOOL OF LAW ALUMNI HOMECOMING WEEK AND SOD-CUTTING CEREMONY FOR THE NEW UNIVERSITY OF GHANA SCHOOL OF LAW BUILDING COMPLEX ON 30 TH OCTOBER, 2023 AT THE UNIVERSITY OF GHANA SCHOOL OF LAW NEW SITE Salutations A Representative of Attorney-General and Minister for Justice, Mr.
Alfred The Vice-Chancellor of the University of Ghana, Professor Nana Aba Appiah Amfo; The Provost of the College of Humanities, Professor Daniel Frimpong Ofori; The Dean of the University of Ghana School of Law, Professor Raymond A. Atuguba; Former Vice Chancellor of the University of Ghana Former Director of the Ghana School of Law, Mr.
Prempeh The President of the Ghana Bar Association, Mr.
Yaw Acheampong Boafo; Distinguished Lecturers; Staff of the University of Ghana School of Law; Students of the University of Ghana School of Law; Alumni of the University of Ghana School of Law; Ladies and Gentlemen.
Thank you very much for the kind invitation to be a guest this afternoon in this exciting event.
It is exciting because of the many layers of strength that will occur in the few hours that we are here.
First, there is the launch of the alumni homecoming celebration, and second, the breaking of ground from which the New University of Ghana School of Law Building Complex will emerge as an iconic reminder of the excellence of this cherished premier school of law in this country.
I am delighted to be invited to this momentous occasion not only because I am a proud alumnus of the University of Ghana School of Law, as we currently know it, but also because the two projects reflect at various levels, the tradition of visionary approaches to achievement that the University of Ghana has always been known for.
Allow me to express my gratitude to the Vice-Chancellor of the University of Ghana and the Deans of the University of Ghana School of Law, for nurturing and actualizing the vision of creating a space that is appropriately designed, furnished and equipped to house facilities that are important for the study and practice of law.
In this vision, we are expecting to rise out of the ground, a multi-level library, a 1500-seater auditorium––which will be the second largest in the country–– moot court facilities and an Information Technology equipment, including equipment for persons with special needs such as the visually impaired.
The New University of Ghana School of Law Building Complex will also serve as home for six (6) Research Centres that would produce cutting-edge knowledge to support various reform initiatives in our legal community.
I am informed that they are the Democratic Vigilance Program; the Ocean Governance Program; the Decent Work Program; the Data Governance and Digital Rights Program; the Legal History for Human Rights Program; and the Law and Development Program.
Aside the Research Centers, the School has also established 38 new Masters Programs that train many professionals in aspects of the law that pertain to their work.
The 38 Masters Programs accord with critical areas of national development, including programs on national security, public administration, energy and natural resources.
By all standards, this will showcase a world class facility, surpassing those available to many schools of law around the globe.
It is reflective of the spirit of leadership and excellence that the University of Ghana, and its school of law, has always had.
Please allow me to share some thoughts on growth.
As we are all aware, growth is not perceptible.
It happens away from the public eye, but becomes evident with time.
Wherever there is growth such as with a baby or plant, it means that there is a good soil or foundation for it to be rooted in.
There is a nurturing environment for it to push out of, and there is strength of leadership to protect it till it is fully expressed.
When I came to the University of Ghana in 1980, we studied from behind the big trees near the north-western end of the University.
Our class room was one big room, and my class was made up of fewer than one hundred people.
For 45 years, the University of Ghana faculty of Law stood as the only faculty of law in Ghana.
During this period, it incubated and housed almost all of the legal knowledge infrastructure for the training of lawyers and for the practice of law.
The University of Ghana School of Law Library also served as the main law library for the entire country.
Over the forty years since I left the faculty of law, there has been growth of the faculty to become a stand-alone School of the University.
The school has moved into facilities that by all standards, are acceptable.
The numbers of students and faculty and administrators have grown exponentially.
And though the numbers of universities offering the study of law in Ghana have multiplied, the learning of law in the University of Ghana has remained the undoubted champion of legal training.
The ground has remained strong and tended, the nurturing has remained exceptional, and the leadership has carried all the strands of strength required to lead the exponential growth of learning of law in the country.
Clearly therefore, it is important for this standard-setting institution to continue to be a pacesetter and to assist the newer law faculties in enhancing the quality of their programs and, ultimately, the quality of rule of law in this country.
Allow me to congratulate Dean Atuguba, and all his predecessors who have given the nation the gift of themselves, and continue to do so in this direction.
But as we all know, though one may obtain a degree in law at a University, the practice of law as a profession is guided by the Legal Profession Act 1960 Act 32, currently being reviewed for amendment, Legal Profession (Professional Conduct and Etiquette) Rules 2020 LI 2423, Legal Profession (Professional and Post Call Law Course) Regulations, 2018 LI 2355, Legal Profession (Disciplinary Committee) Rules 2020 LI 2424 etc.
The body that administers this law and attendant rules and regulations is the General Legal Council.
Its membership is representative of the administrators of legal learning and professional practice of law, and so, it has representation from faculties of law and Academia, the Bar Association, and the Judiciary.
It is chaired by the Chief Justice.
It is from this Council that decisions have to be made to keep a keen eye not only on the subjects and curriculum set for learning of law, but the facilities created for learning, and the regulation of professional conduct of law students of law.
Clearly, this is an onerous responsibility that cannot be discharged without an appreciation of the need for high standards in the facilities and approaches to learning that will aid in the understanding and application of law when an institution presents itself as a center for learning of law, and for administration and implementation of law.
This morning therefore, allow me to use this opportunity invite all faculties of law and institutions, including parliament and all persons involved in the learning, implementation and application of law to see the necessity of deepening the investment made in understanding the nature of law and the rule of law.
I am hopeful that the envisioned state-of the-art facility will cut the sod for will not only contribute significantly to legal education in the country, but will also act as a leadership beacon to all involved in the learning, administration and implementation of law and justice in the country.
I know that the New University of Ghana School of Law Building Complex will present a practical expression of the atmosphere that fosters critical thinking and innovative research in law.
Many seminars, workshops, and think tanks to shape a coherent and harmonious whole for the learning and administration of law and justice should also flow out of here.
Because, we all should have no doubt that, it is critical thinking, and deep intellectual appraisal of the rule of law, that we need as a country if we are to succeed in the grasp for economic and social growth as designed in the 1992 Constitution.
Public discussions and discourse in all sectors of our political and social economy should stand on the solid appreciation of the shape of our Constitution, from which all our laws are shaped, and not individual desires.
From the end of the Judiciary, I can say that as Chief Justice, I am looking forward to building on the steady growth of learning, administrative excellence, push for judicial efficiency, and building of physical facilities that my predecessors of the last three decades commenced, and I know that all institutions in the learning, administration, implementation of law will support me in this journey.
We are all one of a giant whole that is the edifice of law and justice.
And we must hold each other’s hand so that we can serve the one constituency that we have – the people of Ghana – better and excellently.
We have only one country, and we must serve it, with all the resources that we can mobilize.
I therefore call on alumni, the private sector and public institutions to donate generously to this project.
It is evident that the University of Ghana School of Law has commenced construction of the Building Complex with their own resources and with a strong push from alumni and corporate bodies, the School will be able to complete the project within the two-year project timeline.
It is with much joy therefore, that I declare the homecoming week, along with the sod-cutting ceremony, duly launched.
May God bless the University of Ghana, the University of Ghana School of Law and our nation Ghana, and make us great and strong.
ADDRESS BY HL JUSTICE GERTRUDE SACKEY TORKORNOO, CHIEF JUSTICE OF THE REPUBLIC OF GHANA ON THE OCCASION OF THE INAUGURATION OF THE DISTRICT COURT, KWESIMINTSIM MONDAY, NOVEMBER 13, 2023 My Lords, Judges and Magistrates, MP for Takoradi and Regional Minister - Kwabena Okyere Darko Mensah Nana Egya Kwamina XI – Chief, Apremdo Traditional Area Nananom, Municipal Chief Executive, Effia-Kwesimintsim Municipal Assembly, Hon.
Kojo Acquah Municipal Coordinating Director Members of the Bar, Distinguished Invited Guests, The Media, Ladies and Gentlemen, Good morning, I join you today to mark this important occasion in the history of Kwesimintsim with a sense of deep pleasure and great appreciation.
Because as Pope John Paul II is famously quoted as saying ‘ if you want peace, work for justice ’.
Today, we are marking another way in which the frontiers of justice in our country are being expanded with the inauguration of the District Court, Kwesimintsim.
This project is part of the nationwide construction of one hundred Courthouses programme embarked on by Government in 2020 to improve judicial infrastructure.
This modern Court facility has adequate office space for the various Court functions, washrooms for Staff and Court Users, Male and Female Cells, Solar power, a standby Generator, a Borehole to provide sustainable water supply for the washroom and electric fencing to boost security.
Years to come, I believe that we will gather again to inaugurate a much larger edifice as Kwesimintsim becomes more and more prosperous.
I also wish to thank the leaders of Kwesimintsim for making land available for this project.
The people of Kwesimintsim thank you.
ADDRESS BY THE HONOURABLE LADY CHIEF JUSTICE OF THE REPUBLIC OF GHANA, JUSTICE GERTRUDE SACKEY TORKORNOO, ON THE OCCASION OF THE INAUGURATION OF THE DISTRICT COURT, MPOHOR, ON MONDAY, NOVEMBER 13, 2023 My Lords, Judges and Magistrates, Hon.
Member of Parliament for Mpohor – Hon.
John Abbam Aboah Sanie Regional Minister – Hon.
Kwabena Okyere Darko Mensah Paramount Chief, Mpohor Traditional Council – Osabarima Kwaw Entsie II District Chief Executive, Mpohor District Assembly – Hon.
Ignatius Asaah Mensah Distinguished Invited Guests, The Media, Ladies and Gentlemen, It gives me great pleasure to be here with you, in this beautiful town of Mpohor, the administrative capital of Mpohor District in the Western Region, to inaugurate a new District Court for its people and surrounding communities.
It is for this reason that we are most pleased that the Mpohor District Assembly has taken on this challenge frontally in constructing this District Court to address the justice needs of the people of Mpohor and its environs.
That all of you are here today is evidence that here in Mpohor, we are all ready to do our bit for the growth of access to justice in the country.
This building and all that is in it, has only been possible through the immense commitment and sacrifices of the Mpohor District Assembly.
This is what has happened today in, Mpohor.
With the inauguration of this District Court, it is my expectation that the justice needs of the Mpohor District and its surrounding communities will be served in a robust manner as cases will be disposed of with a greater sense of urgency through the complement of human effort with ICT.
The Judicial Service will also ensure that this building and the facilities in it are regularly maintained so they can continue to deliver optimum service to justify the significant investment that has been made by the Mpohor District Assembly.
This newly constructed District Court, will not be of much use if the administrative Staff do not effectively assist the Magistrate to function effectively.
I urge you to ensure that this court which serves as a first point of contact presents a new and friendlier face of justice in the Mpohor District.
Our gratitude also goes to the Mpohor District Assembly for making land available for the court and to all our other distinguished invited guests for taking time out of their busy schedule to be here with us today.
It is my pleasure at this juncture to declare the District Court, Mpohor duly inaugurated.
ADDRESS BY HER LADYSHIP THE CHIEF JUSTICE, JUSTICE GERTRUDE S. TORKORNOO AT THE OPENING OF THE ADR WEEK HELD ON MONDAY 13 TH NOVEMBER 2023 AT SEKONDI TAKORADI .
Honourable Justices of the Superior Courts, Judge-In-Charge of ADR, Her Ladyship Justice Angelina Mensah- Homiah (JA) Honourable Minster and MP Nananom Members of the Bar The Director ADR Staff of the Judicial Service Distinguished Mediators Our Friends from the Media Distinguished Ladies and Gentlemen Thank you for the gathering for the official opening of JSG’s ADR week program so early in the 2023-2024 legal year term.
This year, the theme for the week is ‘BUILDING THE PILLARS OF JUSTICE THROUGH ADR’.
Justice is a cornerstone of any civilized society.
It is the outcome of social and judicial interactions that are fair.
Systems of Conflict Resolution The court related system of adjudication can be time-consuming, costly, and emotionally draining.
Compared to the elaborate nature of adjudication, ADR is a strong pillar of conflict resolution.
Alternative Dispute Resolution refers to a range of methods, including mediation, arbitration, negotiation, and conciliation, which offer efficient and cooperative approaches to dispute resolution.
These methods have gained increasing importance in our legal landscape because of what they represent.
ADR is an invaluable asset in building the pillars of social justice because of its ability to foster open and constructive dialogue.
When parties in a dispute come together in a coordinated and non-adversarial setting, they have the opportunity to express their concerns, fears, and expectations to each other, with the assistance of a mediator.
Through these processes, they do not only gain a better understanding of each other's perspectives but also pave the way for creative, mutually beneficial solutions.
Because of this, ADR encourages the preservation of relationships.
In many legal disputes, the adversarial nature of litigation can leave a trail of bitterness and damaged personal or business connections.
ADR, on the other hand, strives to maintain these relationships and ensure that the parties involved can continue to interact, even if they've disagreed in the past.
Efficiency is another hallmark of ADR.
Traditional court proceedings are characterised by strenuous processes that lead to delays and costs, and these can hinder access to justice.
ADR, on the contrary, is designed to be swift and cost-effective.
The quick resolution of disputes is crucial in ensuring that justice is not only served but is served in a timely manner, allowing individuals and organizations to move forward without undue hardship.
Because of these characteristics, ADR is often appreciated as a champion of fairness and equality.
In many legal disputes, the party with resources that can secure legal expertise can gain an advantage.
ADR levels the playing field, since it is conducted in informal venues, making justice accessible to all, regardless of financial status or legal knowledge.
This inclusivity ensures that justice is open and accessible to all citizens, regardless of financial ability.
ADR also encourages innovative and tailored solutions to problems.
By allowing parties to design resolutions that fit their unique circumstances, it promotes a sense of ownership over the outcome.
This does not only result in more sustainable resolutions but also empowers individuals to take control of their situations.
ADR, in this way, contributes to the construction of robust and resilient pillars of justice.
Even though ADR is not applicable to every case, for example, criminal cases of felony and matters of public interest, to a large extent, it serves as a huge compliment to the traditional court system in dispensing justice.
When used alongside traditional court proceedings, it provides a strong alternative for aiming at satisfactory results.
Building the pillars of justice through Alternative Dispute Resolution is not merely an abstract idea.
It is a practical and potent method for resolving conflicts that aligns with the principles of fairness, equality, and efficiency.
ADR offers a platform for open dialogue, preserves relationships, ensures efficiency, promotes fairness and equality, and encourages innovative problem-solving.
By incorporating ADR into our justice system, we reinforce the harmonious foundations of our society.
It is our duty to advocate for its widespread adoption and continue to strive for a world where justice prevails through peaceful and constructive means.
The importance of ADR as outlined above is the reason why in 2005, the judicial service of Ghana adopted ADR and made ADR a core component of our adjudicating system.
ADR was adopted to compliment the regular court system for faster and efficient resolution of cases pending before the court.
The judicial service has since 2005 created the necessary environment within our courts to serve court users with all the benefit of ADR in order to make justice more accessible to all, especially the poor and vulnerable.
In order not to withhold this intervention from the people of Ghana a week in each year term is set aside to observe ADR week.
This is the reason I am with you here today.
During every ADR week, two major activities are carried out; The first is a mass mediation exercise; During an ADR week, parties who have cases pending in the court that are connected to the ADR program are given the opportunity to have their cases settled using mediation.
Mediators are assigned to each court to help the parties to resolve cases that have been referred to ADR by judges and magistrates.
A lot of cases are settled during this exercise to reduce the backlog of cases in the court.
The second major activity carried out during ADR week is Public Awareness: the week is also used to create extensive public awareness in order to educate the citizenry on the use of ADR at the court.
Stakeholders such as, judges, court officials and lawyers are also sensitized to the option of ADR.
The ADR program of the court (CCADR) is very effective and guarantees the interest of parties who have come to count.
The parties are involved in every aspect of the resolution process.
Agreement reached at the end of the process is sent to the court for adoption as a consent judgment, thereby making the terms of settlement enforceable by the court.
The basic legal mandate for ADR is found in sections 72 and 73 of the Courts Act 1993 (Act 459) which provide for the use of ADR in appropriate cases.
It states: “ Section 72(1).
Any court with civil jurisdiction and its officers shall promote reconciliation, encourage and facilitate the settlement of disputes in an amicable manner between and among persons over whom the court has jurisdiction.