Report, Expose Corrupt Judges — Ghana’s Chief Justice Urges Public

Participants and dignitaries in a group photograph

Source: ModernGhana.com

The Chief Justice of Ghana, Mrs. Georgina Theodora Wood, has urged the general public including court officials and whistle-blowers to report and expose any judge who uses his or her high office to engage in corrupt practices to face full rigours of the law.

According to the Chief Justice, Court users must also refuse to pay bribes even in cases where they are being demanded.

These, she identified, can go a long way to curb the rising spate of corruption in Ghana and further reduce money laundering.

Mrs. Georgina Theodora Wood threw this challenge in Accra on Monday, when she delivered her key note address at the official opening of a 5-day ECOWAS Regional Capacity Building Seminar On Corruption, Money Laundering And Terrorist Financing For Judges From Anglophone West African Countries organized by the Inter-Governmental Action Group Against Money Laundering In West Africa (GIABA).

She was speaking on the topic: ''The Role Of Judges In The Prevention And Control Of Corruption, Money Laundering And Terrorist Financing.'

'Judges are expected to be bearers of impeccable integrity and wholesome judicial conduct. To have those of us mandated to demonstrate in unambiguous terms that crime is unprofitable business abandon our God given roles, and rather actively join the baneful corruption bandwagon spells doom for our beloved continent.

This is not to say that there are no judges who hold the highest judicial and ethical conduct. We do have honest, hard working men and women of integrity in our fold. Only a couple of days I had been compelled inter alia, upon a judge's request to transfer a case from her court because a party had sought to bribe her with money.

But the critical point I wish to emphasise is that I do not see how any judge caught in the web of corruption can himself or herself actively champion the fight against the canker,' the Chief Justice noted.

She further called on all constitutional bodies with responsibility over judiciaries not to shy of removing errant judges who use the high office they occupy and the enormous powers they wield to engage in unwholesome acts that undermine the sanctity of the state.

'Court users must refuse to pay bribes to court officials, Judges and whistle-blowers and citizens alike must be prepared to expose judges and other court officials who engage in these activities.

The bleak picture, namely, that corruption and other forms of Economic and Financial Crimes have, in recent years, increased phenomenally, giving the indication that these crimes have become endemic, with tentacles that stretch out in global webs, must galvanize judges who have the mandate and responsibility for ensuring the rule of law, order, stability and respect for human rights to stand up and be counted.

Touching on self evaluation of judges, she said there was the need for judges to honestly undertake holistic assessments of their performance to identify areas for potential reforms and be proactive in enhancing their capacity by undertaking targeted studies on issues relating to corruption, money laundering and terrorist financing.

'The United Nations and other key international stakeholders have developed the legal framework and standards for combating corruption and other economic crimes through Conventions and Resolutions for ratification and adoption into national legislative frameworks. These include:

The United Nations Convention Against Corruption - 2003

The African Union Convention on Preventing and Combating Corruption - 2003

FATF 40 Recommendations on Combating Money Laundering and the Financing of Terrorism & Proliferation

The UN Convention on the Suppression of the Financing of the Financing of Terrorism - 1999

Relevant Security Council Resolutions related to Financing of Terrorism 1267 (1999), 1373 (2001), 1390 (2002) AU Convention against Terrorism,' she revealed.

The Chief Justice maintained that judges must commit to studying these international instruments, the enabling domestic statutes, existing jurisprudence from the superior courts not only the domestic courts but other international courts and become adept at recognising the essential elements of relevant principles and applying the law to facts in ways that give effect to the legislative framework.

'An effective civil society plays an active role in shaping public policies, including providing a platform for discussion of pertinent issues. Rule of law can be achieved through consistent engagement, interaction and information sharing with civil society on issues of public interest.

In this regard, judges are encouraged within legitimate limits to cooperate with civil society in the performance of their functions. Outcomes of judicial proceedings must be shared with civil society to ensure wider dissemination. Crime in general may be controlled where, in addition to sanctions imposed by the courts, criminals also face public criticisms, naming and shaming being one such effective strategy, as well as sanctions from their professional bodies,' Justice Georgina Wood stated.