KEYNOTE ADDRESS BY CHIEF JUSTICE OF THE REPUBLIC OF GHANA, HER LADYSHIP JUSTICE GERTRUDE ARABA ESAABA SACKEY TORKORNOO, ON THE OCCASION OF THE 14TH MARITIME LAW SEMINAR FOR JUDGES OF THE SUPERIOR COURTS OF JUDICATURE – 7th July 2023
Source: judicial_service_of_ghana
Date: 2023-08-07

KEYNOTE ADDRESS BY CHIEF JUSTICE OF THE REPUBLIC OF GHANA, HER LADYSHIP JUSTICE GERTRUDE ARABA ESAABA SACKEY TORKORNOO, ON THE OCCASION OF THE 1 4 TH MARITIME LAW SEMINAR FOR JUDGES OF THE SUPERIOR COURTS OF JUDICATURE – 7th July 2023 Your Lordship Justice ….., Chair of today’s occasion The Chief Executive Officer, Ghana Shippers’ Authority Honourable Ministers of State Justices of the Superior Courts of Judicature Distinguished Guests The Media Ladies and Gentlemen Thank you very much for this opportunity to deliver the keynote address at this important national event that straddles the calendars of the Judiciary, the Ghana Shippers Authority and the shipping industry. For more than a decade, the Ghana Shippers Authority has committed itself to providing this banner of learning to deepen the wealth of knowledge and experience in maritime law for Judges of the superior courts. I recall with fondness how this work started a few years after I joined the commercial division of the high court. It has unflaggingly continued to bring us to this 14 th edition. On behalf of all judges who have been beneficiaries of this seminar, I say Ayekoo to the Ghana Shippers’ Authority (GSA), its past and present Chief Executives, Dr Kofi Mbiah and Ms Benonita Bismark, whose visionary leadership continue to sustain the annual seminar, the planning committee of the seminar who continue to do a most excellent job, and the leadership of the Judicial Training Institute who guide the process from the end of the Judicial Service of Ghana. The purpose for institutionalizing this seminar will always remain relevant, as long as the human conduct of business by sea remains, and the business of administering justice and developing the jurisprudence that supports this global arena remains critical to enterprise. I am particularly delighted to note that even with the effluxion of time, the quality of organisation to support this noble quest has remained excellent. This year’s seminar as always, is aimed at equipping judges to deal with the challenges of interpreting and applying maritime laws for the expeditious and equitable settlement of shipping-related disputes. Today’s exposition is expected to cover salient topics, including; Security in the Maritime Domain and Ghana’s Criminal Law Regime The Legal Regime for the Arrest of Ships in Ghana, and The International Carriage of Goods by Sea Law in Ghana; Time for Needed Change. These topics are germane considering that the maritime world is very dynamic and competitive and world cargo throughput is seeing a rebound from the global supply chain disruptions brought about by the COVID-19 pandemic in 2020. The anticipated increase in maritime economic activities within our territory is bound to unearth problems relating to the carriage of goods by the various modes of transportation and for that matter the inescapable consequences of disputes associated with international transactions. The fact that the need for a capable, ready and vibrant Judiciary with the necessary appreciation of the architecture of legal regimes supporting the international carriage of goods will feed into making trade to and from Ghana a more attractive option for global capital cannot at all be downplayed. This sustained effort of GSA to promote a sound maritime legal regime culture, coupled with the Judicial Training Institute’s (JTI) Continuing Legal Education (CLE) response, is therefore enabling Ghana build the requisite judicial capacity to effectively adjudicate maritime cases as well as other trade-related transactions fairly, impartially and timeously. This is the only means by which investor confidence in our economy would be enhanced and contribute to make Ghana and indeed the entire West Africa sub-region a safe and prosperous investor destination. My Lord Chair , I have no doubt that, the distinguished facilitators will do great justice to the topics selected for the seminar and equip participants to better appreciate the international framework of rules, regulations, conventions, laws, and institutions within the international maritime law terrain. While discussing law and trade, two pillars of life that contribute to peace and prosperity, it is to be noted also that both law and trade flourish only in times of peace and prosperity. Therefore, allow me to highlight the state of maritime insecurity in the Gulf of Guinea and the threat it poses to West Africa’s shipping industry that has been brought to my attention. According to the International Maritime Bureau (IMB), in 2020, there were 84 attacks on ships, and 135 seafarers were kidnapped for ransom in the Gulf of Guinea. Prior to 2020, the Gulf of Guinea experienced an increase of about 50% in kidnapping for ransom between 2018 and 2019 and about a 10% increase between 2019 and 2020. Fortunately, the Gulf of Guinea has witnessed a steady decline in incidents of piracy and armed robbery at sea since the beginning of 2022. This notwithstanding, more needs to be done to fully operationalize the maritime security architecture that provides the foundation for strong justice delivery and administration and increased international trade. I am informed that in its Global Maritime Security Conclusions adopted on 19 th June 2017, the IMB recognized the problematic situation in the Gulf of Guinea. It underlined the need for regional states to take ownership and adapt their legal systems to fight piracy. The Council also welcomed the bilateral initiatives of member states in the European Union (EU) and advocated the need to coordinate them with ongoing EU initiatives. The continued problems in the Gulf of Guinea create serious concerns about the security of seafarers sailing in that area, disrupt trade flow and have a direct impact on the ability of our ports to serve as a hub for maritime trade. A poor security situation also imposes high costs on imports and exports and puts jobs and economic activities at risk. It is, therefore, imperative that the Judiciary, as the 3 rd arm of State and Government, understand how critical it is for us to contribute efficiency and expedition in our adjudication role in order to facilitate a safer and more secure maritime space. I therefore implore all judges to pay very close attention to the peculiar principles highlighted today, and ensure that this occasion becomes truly an effective time of learning. Please do not hesitate to stop the facilitator, during their flow of teaching, or after the session, to require explanations for niggling issues. We must remember that as judges, we are the ones who have to determine whether the cords of appropriate rules of court have been properly woven within the basket of evidence brought to us before we can arrive at the conclusion that the burden of persuasion of applicable substantive law has been discharged. If we lose dexterity in this critical and peculiar judicial call of keeping our eyes on the full scope of procedural rules and the law of evidence, the whole adjudicatory process can suffer weakness that makes our decisions fall on appeal, no matter how much of the theory of law we incorporate into our rulings and judgments. Even worse is when our orders are far removed from the industrially appropriate context, thereby causing more harm in their implementation than the dispute that came to us. I recall… Ladies and Gentlemen , I am also informed of a subject that is gaining global prominence and requires our attention here in Ghana; the “Blue Economy”. This Blue Economy refers to the exploitation of the marine environment for sustainable development. The following statistics illuminate the potential material benefits it holds; The worldwide ocean economy is valued at about US$1.5 trillion per year. 90% of global trade is via the sea Three hundred and fifty (350) million jobs worldwide are linked to fisheries. By 2025 it is estimated that 34% of crude oil production will come from offshore fields. Aquaculture is the fastest-growing food sector and provides about 50% of fish for human consumption. To efficiently address the challenges of Ghana’s Blue Economy and thereby profit fully from it, we, as a country must watchfully enforce the legal, regulatory and institutional framework that govern the several sectors it spans. The exciting concept of well defining the contours of the Blue Economy provides the impetus for moving towards a better integrated legal, regulatory, and institutional framework that supports it. The Blue Economy also offers a new dynamic that can be used to mobilize new inter-institutional linkages across different sectors, marshal support for necessary reforms and fill existing gaps in legislation and enforcement mechanisms. I therefore advocate strongly for Ghana to develop a cross-sectoral legal, regulatory, and institutional framework not only to aid the prudent exploitation of our Blue Economy but also to provide Judges with a clear legal landscape that aids the efficient and expeditious settling of jurisprudence in this particular area, and the making of relevant orders that support the flourishing of the economy. I request that as the relevant Ministries, Departments, Agencies, maritime and legal experts as well as Academia collaborate in this regard, the Judiciary is involved to assist in deepening the harmony of legality that must accompany that task. My Lord Chair , I must especially acknowledge the Resource Persons for this seminar. Justice Richard Adjei-Frimpong, Justice Yaw Darko Asare, and Dr. Kofi Mbiah who are all home grown and consummate experts in the field of maritime law. Thank you very much for making the time required to impart your rich experience and knowledge to your colleagues and journey men. Let me also acknowledge with thanks, the consistent supply of the papers delivered at each year’s seminar to judges. These materials act as a chair-side reference work, beyond the learning that is imparted at these GSA seminars. Further to the material from the seminar provided, it is my view that we need to also have an accessible source for judgements in maritime cases that can be easily referenced by judges, lawyers, players in the industry and students undertaking maritime programs. We need our Ghana maritime law reports. The cost of this compendium can be highly eased by it being hosted in a website, and downloaded only at the cost of the person who wishes to have a physical version of the material. In addition to maritime law judgments, this site can also host statutes, regulations, and critical developments that impact the proper development of jurisprudence for the industry. Clearly, the judiciary also needs to develop practice directions for Judges on the peculiar rules in admiralty jurisdiction, the crafting of orders and the sensitive operations of time within maritime law. We also need to set out guidelines and manuals for registries on the service of maritime processes and proceedings, the enablement of e-hearings and other processes which will enhance the expedition and effectiveness of the work of courts and assist players in the industry. I believe that these are projects which the Ghana Shippers’ Authority and its affiliates can undertake with the Judicial Service and provide support for. I humbly ask for, and look forward to a positive engagement on these in the very near future. I trust that this relationship which has spawned this annual Maritime Law Seminar for Judges of the Superior Courts of Judicature will grow from strength to strength for the benefit of the shipping and logistics industry and Ghana as a whole. Thank you very much and long live the annual maritime seminars. May they contribute to the flourishing of trade and prosperity in Ghana. I wish you the best of deliberations. Prev Next