On July 11, 2009, US President Barack Obama addressed Ghana's Parliament in Accra, emphasizing the need for strong institutions in Africa. His words remain relevant today, as Ghana's public institutions face challenges to their independence. The country's judiciary is a prime example, with concerns over appointments, resources, and personal obligations. The effectiveness of the judiciary affects everyone, from traders pursuing unpaid debts to families contesting land ownership.
The judiciary's independence is crucial to its effectiveness, and this requires resources. As the saying goes, "even judges must eat." Judges and court workers need decent conditions, while courts need buildings, records, equipment, and functioning systems. Ghana's Constitution recognizes this, with Article 127 protecting judicial independence, including financial administration. The Judicial Service Act, 2020, also provides for administration, funding, audit, and reporting.
Despite constitutional protections, the challenge lies in making them work. Citizens should be able to see what courts request, what Parliament approves, what is released, and how the money is spent. Institutions receiving public funds must explain both their needs and their results. A 1988 study highlighted the distinction between freedom to decide cases and security in employment and material conditions.
Appointments to the judiciary must inspire confidence, with the President, Judicial Council, Council of State, and Parliament involved in the process. The Supreme Court has confirmed that a Judicial Council recommendation is required for Supreme Court appointments. The Constitution Review Committee proposes more structured selection procedures, but the government's July 2026 Position Paper rejects these changes.
Social pressure is also a challenge to the independence of public institutions. Public officials face demands from relatives, friends, schoolmates, religious communities, and party supporters. Requests for preferential treatment often arrive as appeals to loyalty or gratitude. Research has shown that cultural and institutional pressures can influence decision-making.
Technology can improve the justice system, with electronic filing, searchable records, digital payments, and reliable hearing schedules. Case management systems can record adjournments and their reasons, helping judges identify avoidable delays. However, technology also needs maintenance, training, cybersecurity, and proper judicial control.
Reforming Ghana's public institutions requires a shared national responsibility. The Afrobarometer survey found that only 35% of Ghanaians trusted courts somewhat or a lot, compared with 57% in 2017. Citizens, journalists, and professional bodies have responsibilities to scrutinize decisions, demand reliable information, and challenge wrongdoing.
Key points
- The independence of Ghana's public institutions is crucial to their effectiveness.
- Appointments to the judiciary must inspire confidence and be based on merit.
- Technology can improve the justice system, but requires maintenance, training, and proper judicial control.
