Infiltrating the judiciary system with partisan political judges poses several dangers to the integrity and fairness of the judicial process.
1. Bias and lack of impartiality: Partisan political judges may prioritize their own political ideologies and agendas over the objective interpretation and application of the law. This can result in an inherent bias in their decision-making, leading to unequal treatment and a lack of fairness in the judicial process.
2. Erosion of public trust: When the judiciary becomes seen as a political battleground, it undermines public trust in the judicial system. Citizens need to perceive the courts as independent and impartial arbiters of justice. Infiltrating the judiciary with partisan political judges (NPP lawyers) can erode this trust and create the perception that justice is not blind but rather influenced by political motivations.
3. Diminished checks and balances: An independent judiciary is a crucial check on the other branches of government, ensuring that they are acting within the confines of the law and the Constitution. Partisan political judges (NPP lawyers) may be more inclined to support and advance the agenda of the political party or ideology that appointed them to the bench, undermining the necessary checks and balances that maintain the separation of powers.
4. Undermining the rule of law: A judiciary system infiltrated by partisan political judges threatens the rule of law, which is essential for a functioning democratic society. The rule of law requires that everyone, regardless of political affiliation, is treated equally and fairly under the law. Partisan judges can overturn established legal precedents or legislate from the bench, subverting the traditional interpretation and application of the law.
5. Polarization and gridlock: The appointment of partisan political judges can exacerbate political polarization and gridlock in the judiciary. When judges are more focused on advancing their own ideological agendas rather than upholding the Constitution and the law, it becomes more difficult to reach consensus and find common ground. This can lead to a dysfunctional and ineffective judiciary system.
6. Undermined judicial independence: The independence of the judiciary is paramount to ensure the fair and impartial administration of justice. Partisan political judges may face pressure from party leaders or interest groups to align their decisions with certain political ideologies or priorities. This compromises their independence and undermines the fundamental principles of an unbiased judiciary.
In summary, infiltrating the judiciary system with partisan political judges (appointment of Ernest Yao Gaewu, NPP parliamentary candidate for the 2016 general elections and several appointments made to the bench by Nana Akufo – Addo/Bawumia/NPP Government) threatens the principles of fairness, impartiality, and the rule of law. It undermines public trust, weakens checks and balances, and contributes to political polarization within the judiciary. Safeguarding the independence of the judiciary is crucial to maintain the integrity of the judicial process and uphold democratic values.
Former President John Dramani Mahama was spot on at the just ended NDC lawyers conference.
Wisdom Wilson Adzedakor
Deputy Communication Officer,
North Tongu Constituency