Judges decide cases by law, not politics- Justice Kulendi
He said although judges, like all citizens, may have personal views, they are bound by oath to decide cases according to the law, the evidence and the facts presented before them.
Supreme Court Justice Emmanuel Yonny Kulendi has rejected the belief that judges decide cases to satisfy political interests, describing the perception as a myth that weakens public confidence in the courts.
He said although judges, like all citizens, may have personal views, they are bound by oath to decide cases according to the law, the evidence and the facts presented before them.
Justice Kulendi made the remarks on the Citi Breakfast Show on Wednesday, July 8, as part of activities marking the 150th anniversary of the Supreme Court of Ghana.
According to him, one of the most common misconceptions about the judiciary is that judges tailor their decisions to favour the presidents who appointed them.
“I call them myths,” he said.
“Some people think that judges decide cases based on politics rather than based on law,” he added.
Justice Kulendi explained that a judge’s duty is not to produce popular outcomes but to apply the law faithfully.
“The judge’s textbook is the law. Of course, every judge is a human being. The judge, I’m sure, votes. The judge may have political preferences. But you take an oath, and you take the oath to adjudicate cases according to the law, the evidence, the facts that are demonstrated before you,” he said.
He noted that Ghana’s judicial record shows judges have, at different times, made decisions against the interests of governments, regardless of the political administration that appointed them.
“You will see that judges have reached conclusions irrespective of which president appointed them,” he stated.
Justice Kulendi said constitutional protections such as security of tenure and guaranteed post-retirement benefits exist to shield judges from pressure and allow them to act independently.
“Judges have a security of tenure. Judges even have security of post-retirement benefits. It’s to create the environment that you can thrive, you can be independent-minded, you can deal with the matter without fear or favour,” he said.
He also dismissed the idea that an unpopular decision must necessarily be wrong.
According to him, judges are sometimes required to deliver decisions they personally dislike because that is what the law demands.
“The decision doesn’t have to be popular. It has to be consistent with law and with the tenets of law,” he said.
“We reach conclusions we don’t like, but that is the dictate of the law. And if you want to show fidelity to the law and your oath, you have to reach that conclusion,” he added.
On delays in the justice system, Justice Kulendi said it was unfair to blame every delay on judicial incompetence or corruption.
He explained that court proceedings are guided by detailed procedural rules, which may sometimes be used by litigants and lawyers to prolong cases.
“There are rules of procedure that are very intricate. They are able to abuse and manipulation by lawyers and litigants who have a bad case,” he said.
He acknowledged that heavy caseloads, logistical difficulties and, in some cases, issues of judicial efficiency may also contribute to delays.
“The delays have a variety of reasons, other than that the judge is either incompetent or the judge is corrupt,” he said.
Justice Kulendi further said the Supreme Court cannot intervene in every matter simply because a party wants it to do so.
He stressed that the court’s powers are defined and limited by the Constitution.
