Posted by Chester Morton / Saturday, 3 November 2018 / No comments
The independence of the judiciary under the 1960 republican constitution of Ghana
THE INDEPENDENCE OF THE JUDICIARY UNDER THE 1960 REPUBLICAN CONSTITUTION OF GHANA
Introduction
The 1960 republican constitution of Ghana made provisions for
the establishment of a judiciary after the coming into effect of the
constitution. It provided that there must be High Courts and Lower Courts. It
also decided the types of cases that each category of courts can adjudicate in.
The constitution provided that the courts must settle disputes, interpret the
laws of the land; punish those who break the law among other things. In order
for the judiciary to be protected enough for them to diligently perform their
functions, the constitution provided for their protection. The prescriptions
that the 1960 constitution provided for the protection of the judiciary are
discussed below.
HOW THE 1960 REPUBLICAN CONSTITUTION ENSURED THE INDEPENDENCE
OF THE JUDICIARY
Determination of salaries
In order to ensure the independence of the judiciary, the
1960 republican constitution provided that the legislature must determine the
salaries, allowances, and gratuities of the judiciary. Ordinarily, this should
put the judiciary at the mercy of the legislature but the constitution further
provided that once the salaries are determined; they cannot be varied again to
the detriment of the judiciary. If there should be any adjustment at all, it can
only be done upwards.
Appointment, Promotion, and dismissal
The 1960 constitution made provisions for one of the judges
of the Supreme Court to be appointed as the Chief Justice by the president of
the republic. The constitution also provided that by an instrument of the
President Seal, the Chief Justice’s appointment could be revoked.
Remuneration
Another way in which the 1960 republican constitution ensured
the independence of the judiciary was that their salaries and allowances were to be paid from the Consolidated Fund.
Consolidated Fund is the term that is commonly used to refer to the main account
of the government. The government’s receivables are paid into this account. It
is out of this account that the salaries and allowances of the judges were to be paid.
Tenure of office
If the judiciary is assured of their job, that they cannot be
sacked from office for no apparent reason, it helps them to feel secure. The
1960 republican constitution made provisions for the secured tenure of the
judiciary. Under the constitution, only the president of the republic could
dismiss a judge. However, the president could only do that after a resolution
of the National Assembly and supported by 2/3 of the Members. Even then, this
could only happen upon stated misbehavior.
The entrenchment of the clause on the security of judges
Also, the independence of the judiciary was ensured by the entrenchment of the relevant clauses on the security of the judges. The
constitution further provided that if any of the entrenched clauses were to be reviewed,
it must be determined in a national referendum.
Separation from other arms of government
In order to ensure the independence of the judiciary under the
1966 republican constitution of Ghana, the judiciary was separated from the
other organs of government such as the legislature and the executive. In the
exception of the president also being a member of the National Assembly, the three
arms of government were separated under the constitution. No member of the
executive or the legislature was a member of the judiciary. This ensured that
the judiciary was independent.
SAMPLE QUESTION(S)
1. How did the 1960 republican constitution ensure the independence of the judiciary?
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