REMARKS BY THE HONORABLE LADY CHIEF JUSTICE OF THE REPUBLIC OF GHANA JUSTICE GERTRUDE SACKEY TORKORNOO, AT THE SWEARING IN OF MAGISTRATES Date: Tuesday, 23rd July, 2024 Venue: Auditorium, Law Court Complex, Accra
Source: judicial_service_of_ghana
Date: 2024-08-17

REMARKS BY THE HONORABLE LADY CHIEF JUSTICE OF THE REPUBLIC OF GHANA JUSTICE GERTRUDE SACKEY TORKORNOO, AT THE SWEARING IN OF MAGISTRATES Date: Tuesday, 23 rd July, 2024 Venue: Auditorium, Law Court Complex, Accra My Lords, Justices of the Supreme Court My Lords Justices of the Superior Courts of Judicature The Judicial Secretary Honourable Deputy Attorney General and Minister for Justice Your Honors and Worships National President of the Ghana Bar Association The President of the Greater Accra Regional Bar Distinguished Invited Guests, Ladies and Gentlemen, Good morning Thank you for joining us for this significant milestone in the lives of the newly sworn Magistrates. The Judiciary is happy to receive the fresh batch of Magistrates to man courts, manage justice delivery and administer justice in every corner of the nation Congratulations to you, new Magistrates, on your choice to serve the nation as part of the Judiciary, and congratulations for this elevation to the Bench. I have no doubt that the path to this day has not been easy because to become a lawyer is no mean undertaking. Having achieved same, you have gone on to choose a career on the Bench. This choice you have made is a heavy one, and I wish to express the appreciation of the nation for considering it. I trust that the grit and determination you have shown on the arduous journey that has brought you to this ceremony are definitely an indicator of the qualities that you will bring to your duties as Magistrates. Allow me to speak with you briefly about two of the qualities that the entire justice sector and the nation will be expecting of you. The first is leadership, and the second is the quality of learning. Every judicial officer is a leader. Within the court that you will be posted to, you will be leading a very intricate process of justice delivery, and within the nation, you will be leading the quality of justice that citizens, investors and visitors to the country will experience. If your appreciation of this heavy role of leadership is faulty, then your work will fall below standard, and the impact of that mal-function will be felt by all court users and indeed, the district that you will work in. Let me demonstrate this to you. Chapter 11 of the 1992 Constitution firmly places the mandate and obligation of administering justice on the shoulders of the Judiciary, and not on the Judicial Service of Ghana. The Registrar and court staff who man the courts, and who you are going to meet in the station you go to, are part of the Public Service, under Chapter 14 of the 1992 Constitution. Their role is to provide you with support services to deliver on your constitutional mandate. As a Magistrate, therefore, you will be the face and voice of final authority in the court that you are posted to. It is therefore your job as Magistrate to lead all the various and diverse actors in the courtroom in the pursuit of truth and justice, and guided by principles of law, the rules of court, and practices that deliver equity and fairness in every act and process. The buck stops with you. A leader is not a helpless victim but one who understands the objective and purpose of their role and takes steps to achieve that purpose. And the role and purpose of the Judiciary is simple. To administer justice efficiently, expeditiously, and effectively in every part of the country. As the Magistrate in the court, your leadership must be felt in the watchful eye you keep over the integrity of processes in the District you are being posted to, and how you guide every aspect of court work to produce rulings and judgments that signal an environment in which people can invest and live safely within the District. (story) You have to be mindful of how administrative processes are being conducted around you and satisfy yourself that they stand the test of the principles of law, rules of court and practices that deliver equity and fairness. How are bail processes being administered? How are your orders being executed? When they do not pass the test of due process, because of lack of diligence, competence or integrity, it is your duty to exercise leadership and call for human resources, material resources or the disciplinary intervention of management if need be. Do not allow court users to cry out to the Chief Justice to stop abuse by court officials such as bailiffs, clerks, recorders, interpreters, Registrars and sometimes even externals such as prosecutors and auctioneers. Practices that subvert access to justice and bring reputational damage to the justice sector, such as the preparation of leases and pleadings by court staff that lead to inability of Lands Commission to register the leases, or cases being thrown out or property because of the poor content of the pleadings, or the issue of fake divorce certificates, extortion by bailiffs as a precondition for service of court processes and delayed service, must not continue under your leadership in the districts. You are part of the Judiciary and I strongly urge you to take the ethics of your work seriously and ensure that everyone in the justice delivery chain acts in accordance with the Code of Conduct of the Judicial Service. I will now address the context of the Judge as a learner. As much learning as you may have done in the law faculties and the law school, you should appreciate that it is in the courts that the rubber hits the road. Every case is fact specific. The issues are unique, and they will require your rapt attention to deliver justice appropriately. Understand fundamental issues such as jurisdiction thoroughly, and avoid your rulings being constantly taken up for supervisory orders. Each of these records find their way on to your file, and can affect your journey up the ladder of promotion. This is why in our profession, we can never stop learning, not even at the Supreme Court. Any shoddiness with rules of procedure and rules of evidence or substantive principles of law will lead to injustice from your hands. Do not be impressed by the noise of those speaking extensively and trying to turn attention to themselves in and out of your court room. Be concerned with the legality of the process, and of your rulings. So as much as courts work with independence and so cannot compel parties to file processes on time, you must understand that the ultimate use of the rules of court to avoid misuse of the court system lies with the judge. I counsel you to sharpen your understanding and appreciation of the case management tools provided by law to weed out inequitable practices by court users and court officials that delay justice, including inequitable practices by lawyers and prosecutors, who are officers of the courts. You also need to urgently sharpen knowledge in the use of technology, and also how law functions in the digital and virtual realms. Your proficiency in the use of ICT tool must transcend the use of technological devices. That is the basic level you need to utilize tools of e-justice that will sooner than later, be introduced in your court. You must also sharpen your knowledge on how to translate and dissect legal issues that emanate from any transaction or situation that occurs electronically, digitally or virtually. This is the shape of the world. The world has moved from the use of automated teller machines (ATM) to mobile money interoperability. Contracts are started and concluded by whatsapp and on instagram. Where does liability lie and who has jurisdiction when money moved from a Telecel wallet to an AirtelTigo wallet gets intercepted by a fraudster using a different platform? How do you navigate issues and evidence that involve infractions of law such as defamation or child pornography when conducted online? This is part of the immediate learning you must immerse yourself in, because the world has moved into the digital space, and law and justice must go where people are. In conclusion, kindly bear in mind that justice delivery is done with many actors in a chain and so the judge as a leader has a responsibility to ensure that the court machinery is managed appropriately so that judgments and rulings can stand the test of time. Again, the judge must be a learner of both traditional and contemporary law and judicial skills in order to discharge the weight of your duties. I wish you well and God speed in this noble profession. Congratulations again. Prev Next