I will protect assets of the Judiciary – Chief Justice assures judges

Chief Justice (CJ) of the Republic, Justice Gertrude Araba Sackey Torkornoo has assured magistrates and judges of Ghana that he will do all within her mandate to protect all the assets of the state vested in the Judicial Service of Ghana.

The Chief Justice made this commitment in his address to magistrates and judges at their annual Association of Magistrates and Judges of Ghana (AMJG) conference held on Tuesday, 2 October 2024 at the Labadi Beach Hotel in Accra.

• Service Properties*

The stock of courthouses and bungalows given to the Judiciary as an arm of Government over almost a century according to Chief Justice Torkornoo, “stands at approximately 800 buildings, made up of 420 courts and 390 bungalows and apartments.” From this ratio, Justice Torkornoo said “it should have been the case that every member of the Judiciary should be accommodated to allow for their security and protection from threats occasioned by the sensitive nature of the work [they] do.

“However, this is not so. While the Judiciary has been grappling with the conundrum of effectively maintaining the buildings committed for justice delivery from stretched budgets, two difficult situations have developed. Despite the existence of empty but dilapidated bungalows marked for occupation for judges in locations that make their access to work easier, Judges have been forced to rent houses when posted to serve around the country.

“These rentals come with additional cost to the national budget because when a Judge rents a house, that payment must be reimbursed from the budget allocated for justice delivery at an agreed rate. It also comes with the exposure of the Judge’s living conditions to the general public, allowing for threats to their security, threats to the integrity of the justice delivery process, and threats to the independence of the judiciary,” the Chief Justice said.

“In the midst of this unacceptable situation of serious costs and risks, it would seem that an unclear situation has developed where the Lands Commission feels emboldened to purport to sell the bungalows and the lands on which they stand to private developers under the rubric of urban redevelopment schemes. In the very first few weeks of taking office, I was confronted with claims against houses occupied by Supreme Court Judges in Accra, High Court Judges in Kumasi, and recently, Judges in Tamale.

“The records made available to me reflect that as far back as 2015, the Lands Commission purported to hive off part of these houses that have been occupied by Supreme Court Judges since the last century, which houses were recently redeveloped at a cost to the national purse for the continued occupation of Judges for sale to individuals,” Chief Justice Gertrude Torkornoo further stated.

The Chief Justice pointed out that further enquiries by her “revealed that an attempt had been made during the tenure of his Lordship Anin Yeboah (for Chief Justice) to possess these dedicated and actively occupied facilities in Accra, and he had taken instant steps to halt the untoward claims, including attempts to enter bungalows given to the judiciary in Kumasi for the functioning of this arm of Government.”

The Chief Justice said she had no choice “but to resort to the doctrine of necessity and commence legal actions to bring clarity and legality to the situation confronting the Judicial Service.” Justice Torkornoo indicated that she “can report that the Judicial Council has been actively engaged for the resolution of these issues, and meetings have been had with the Minister of Justice, Minister of Lands, Minister of Works and Housing, for concrete resolution of these extremely difficult situations.”

“It is my commitment that the security, safety, and welfare of Judges and the management and administration of the Judicial Service will form the paramount consideration in any steps taken regarding assets that the nation has handed over to the Service to enable effective justice delivery,” Chief Justice Gertrude Torkornoo remarked.

Maintenance of facilities

On the issue of maintenance of existing facilities of the Judicial Service, the CJ said she has reviewed the situation and found that the state of the not-so-new court houses and bungalows is not simply a question of lack of resources for their maintenance, but also one that requires careful planning to supervise the effective repair, renovation, and maintenance of this big stock of buildings and facilities.

“A strong regime is needed for consistently undertaking these repairs and renovations. I hope that in the next few years, we will have concluded a cycle that will address fully the issue of making all our courts and bungalows safe, convenient, and fit for justice. It is a task that requires a focused plan, and a committee has been set up to help with this.

“Active steps are being taken to start the renovation and remodelling of the built facilities so that they can be used to serve the justice needs of the country. Indeed, the long-standing uncompleted Court Complex in Wa has been handed over for resumption of construction work. The funding is coming from the budget allocated to the Judicial Service,” the CJ said.

“Work has also started on a stand-alone building for the Court of Appeal and Supreme Court registries, in preparation for the operation of a paperless registry that allows for virtual hearings by these highest courts. Again, the funding is coming from the national budget allocated to the Judicial Service.

“We are also actively engaged with the District Assembly Common Fund for the construction of the Cape Coast Complex and homes for Judges of the High Court. Designs are completed and barring any last-minute hitches, work will start this year,” the Chief Justice added.

Welfare and Security

Justice Henry Kwofie (Justice of the Supreme Court), and President of the Association of Magistrates and Judges of Ghana (AMJG) in his address pointed out that magistrates and judges of Ghana are not happy with the seeming delay in the release of categories of allowance to them. Some of the allowances that have not been paid are fuel, medical, and vehicle servicing among others.

He indicated that the delays in the release of these allowances are negatively affecting the work, security, and well-being of magistrates and judges in Ghana. He further stated that for four years now, the salaries and benefits of magistrates and judges have not been reviewed. He called on the government to take a critical look at this situation and do something about the situation.

The AMJG president also lamented about the relaxed security that currently exists when it comes to court users accessing the various courts in the country. He indicated that how the country’s courts are easily accessible is a matter of grave concern. He suggested that the authorities should consider beefing up security at various courts in the country to prevent any unfortunate development.