JUSAG News Stories

ADDRESS OF THE HONOURABLE ATTORNEY-GENERAL AND MINISTER FOR JUSTICE, MR.  GODFRED YEBOAH DAME, 

REPRESENTING H. E. NANA ADDO DANKWAH AKUFFO-ADDO PRESIDENT OF THE REPUBLIC OF GHANA AT THE OFFICIAL OPENING CEREMONY OF THE CLIMAX OF THE 50^TH ANNIVERSARY OF THE JUDICIAL SERVICE STAFF ASSOCIATION OF GHANA (JUSAG) HELD AT THE NEW EXAMINATION CENTER, UNIVERSITY OF CAPE COAST, CAPE COAST IN THE CENTRAL REGION OF GHANA ON SATURDAY, 21^ST SEPTEMBER 2024 

READ ON HIS BEHALF BY MR. VINCENT NYINAKU, REGIONAL HEAD OF THE OFFICE OF THE ATTORNEY-GENERAL AND MINISTRY OF JUSTICE, CENTRAL REGION. 

MR. CHAIRMAN, 

HER LADYSHIP JUSTICE GERTRUDE ARABA ESAABA SACKEY TORKONOO, HONOURABLE CHIEF JUSTICE OF THE REPUBLIC OF 

GHANA, 

H. E. JOHN DRAMANI MAHAMA, FORMER PRESIDENT OF GHANA, 

MEMBERS OF THE JUDICIAL COUNCIL, 

JUSTICES OF THE SUPERIOR COURTS OF JUDICATURE, 

MEMBERS OF THE LOWER BENCH, 

THE VICE CHANCELLOR OF THE UNIVERSITY OF CAPE COAST AND HIS 

MANAGEMENT TEAM, 

DIRECTORS AND MANAGEMENT MEMBERS OF THE JUDICIAL SERVICE, 

THE NATIONAL PRESIDENT OF JUSAG AND HIS EXECUTIVE BOARD 

AND COUNCIL, 

MEMBERS OF THE SECURITY SERVICES, 

DISTINGUISHED INVITED GUESTS, 

REPRESENTATIVES OF VARIOUS LABOUR UNIONS, 

DELEGATES, 

MEMBERS OF THE MEDIA, 

LADIES AND GENTLEMEN. 

I bring you very warm compliments from H. E. Nana Addo Dankwa Akufo-Addo, President of the Republic of Ghana. 

Mr. Chairman, Honourable Lady Chief Justice, His Excellency the President of Ghana received the invitation of the Judicial Service Staff Association of Ghana (JUSAG) to this important occasion at the time this day was already earmarked for another equally important national assignment. His Excellency The President cherishes his working relationship with JUSAG and accordingly conveys his apologies and best wishes to JUSAG. 

This is a gathering of prestigious personalities with whom I have had personal and professional working relationship in my line of work as a lawyer both as a private Legal practitioner and presently as the Attorney-General and Minister for Justice. I am delighted to deliver this address at this official opening ceremony of the climax of the 50^th anniversary of the judicial service staff association of Ghana (JUSAG) here in Cape Coast in my own official capacity and on behalf of HE The President. 

JUSAG is one of the prestigious professional associations that has over the years earned the reputation of a body that helps and supports judges and magistrates throughout the country. To this end, the relevance of JUSAG in playing significant roles in the governance and democratic dividends achieved by this country cannot be overemphasized. By their work, JUSAG contributes in no mean way, to deepen democratic gains, notably, protecting the interest of citizens, promoting equality and human rights, preventing abuse of power through judicial means, upholding rule of law and creating certainty and stability that promote growth and investment. 

JUSAG has over its years of existence served as a notable and a special association which has brought together members of the judiciary in pursuit of the overall advancement of justice systems; aimed at promoting and upholding ethics and independence in the judiciary and, by extension, to all other arms of government. One of the surest ways that rule of law can be sustained and reinforced is through the existence of an independent and wellequipped judiciary which interprets and applies the law based on tenets of fairness and equity in the administration of justice. In this narrative is clearly the invaluable support role of the judicial service. 

Indeed, it is a new era. An era where freedom is upheld and citizens are free to join or form any association of their choice for the protection of their social and economic rights. From the one-party rule and dictatorship administrations and military rule which characterised the Ghanaian political landscape, and in fact across Africa, Ghana and most states in the Africa region have moved forward to embrace some form of political pluralism and constitutional order. 

Today the political power and authority are divided among various bodies, one of which is the reason for this gathering, hence the relevance of this occasion. It goes hand in hand with constitutional changes for States to loosen restrictions on civic associational life, and allow greater room for the formation of voluntary organizations, Associations  and unions like the Judicial Service Staff Association of Ghana (JUSAG). 

The 1992 Constitution of the Republic of Ghana provides for the protection and enforcement of the fundamental human rights of the people and the construction of a democratic society for all and it has been argued that, one of the most important conditions for the existence of a democratic society is respect for fundamental rights and freedoms. I dare say that of these freedoms, freedom of expression and freedom of association and assembly can be considered the most precious and, indeed, the very foundation of a democratic society such as ours. It is therefore impressive to witness the exercise of such rights within an arm of government, which is the epitome of justice. 

There is  a relationship between freedom of expression and freedoms of association and assembly and that relationship is one of interdependence, this is because each has a direct bearing or effect on the other. For instance, the exercise of the freedom of association and assembly may be seriously affected by the extent to which freedom of expression is guaranteed. 

As Mr. F.K. Drah, in his work, ‘The Constitutional Framework and Civil Society’  rightly points out: 

“In the absence of freedom of expression ... associations cannot make their objectives, interests and demands openly known, much less publicise their activities as well as their views and comments on the government’s policies and measures” 

JUSAG and the likes of it have their legal source enshrined in various human rights instruments both of a general and specialised nature, as well as instruments of municipal, regional and international scope. For instance, freedom of association finds expression in the Universal Declaration of Human Rights, 1948 (UDHR) and the International Covenant on Civil and Political Rights, 1966 (ICCPR), African Charter on Human and Peoples’ Rights, 1981 and the International Covenant on Economic, Social and Cultural Rights (ICESCR). 

I am of the strongest conviction that this union was birthed because of these legal protections and I am proud that the government upholds the right of freedom of association in compliance with the requirements and stipulations of the 1992 constitution of the Republic of Ghana. 

I cannot but remind you that freedom of association and assembly are subject to restrictions that apply specifically to these freedoms.  Thus, almost all instruments providing for freedom of assembly, association and unionization also provide in the very instrument in which the right is provided the requirement for the assembly to be "peaceful".  The African Charter makes the exercise of the right to assemble subject to necessary restrictions provided for by law, in particular those enacted in the interest of national security and the safety, health, ethics and the rights and freedoms of others. 

I implore you especially the leadership to constantly remind yourselves and members of the limitations placed on the exercise of the rights to freedom of association and assembly, and that your rights are subject to the rights of others, as our own constitution, article 12(2) stipulates,  

“Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest”. Emphasis added. 

JUSAG started off as an association which catered for welfare needs of its members and later blossomed into a union entrusted with bargaining rights to negotiate for salaries and better conditions of service for members of staff. Subsequently, in line with constitutional provisions which tells apart members of the bench from staff of the service, members of the judiciary established the Association of Magistrates and Judges, Ghana to attend to matters concerning the bench in all courts. 

My Lord Chairman, the theme for the celebration ‘50years Of Championing Judicial Excellence; Embracing Integrity, Digitalization, And Upholding Judicial Independence and Staff Welfare’ conveys a sense of duty to the code of conduct required of judicial officers, and resonates with the changing trends of a world which has been driven by technology. The theme is very much appropriate at the time the world is still yet to recover from the great impact of the Corona Virus (Covid-19) pandemic. Countries, sectors and individuals have been compelled to readjust their conventional day to day activities to suit demands of the current situation. The Judiciary here in Ghana is no exception. In Ghana, the Judicial Service has made great investments in the application of technology in the administration of Justice.

The Nana Addo Dankwa Akufo-Addo government which has championed the digitalization agenda with its Vice President, His Excellency Dr. Mahamudu Bawumia providing the needed assistance, very much supports the digitalization of justice administration by the Judiciary led by Her Ladyship who is a known advocate for digitalization even prior to assuming the high office of Chief Justice. 

The legal system, especially the judiciary of Ghana have been of great concern to the present government which has made and continues to make a conscious effort to work with the Judicial Council and past and present Chief Justices to improve the judiciary as a truly independent and efficient arm of government. 

First, the Judicial Service Act, 2020 (Act 1057) was passed to replace the obsolete Judicial Service Act, 1960 (CA 60) and Judicial Service (Amendment) Law, 1984 (PNDCL 84). The new Act reestablished the Judicial Service and redefined its functions and the functions of the Judicial Council and other officers of the Court with the view to bringing efficiency to the Judicial Service. 

Mr. Chairman, realizing the need to decentralize justice delivery and make it closer to the citizens, in December 2020, the month of our crucial 2020 elections and full of other events, the Office of the Attorney-General and Ministry of Justice together with the Judiciary, as  those events unfolded and captured our collective attention, was working fervently to enhance the jurisdiction of the Circuit and District Courts with regards to the monetary value of claims. On 16^th December 2020 the Courts Regulation 2020(L.I. 2429 came into force expanding the jurisdictions of the lower courts. The jurisdiction of the District Courts from GHS 20,000.00 to GHS 500,000.00 and for the Circuit Courts from GHS 50,000.00 to GHS 2,000,000.00. This amendment has made it easy and possible for litigants to file cases involving high monetary values at their respective District or Circuits Courts without having to travel longer distances to access High Courts. 

Determined to improve the quality of justice delivery and welfare of judiciary workers, the government has constructed more courts and accommodation for the judiciary than any other government since 1992. These include 120 courts commenced with 80 completed and commissioned and in operation, and 150 bungalows for the judiciary. The Law House which is an ultramodern structure for the Office of the Attorney-General and Ministry of Justice has also been completed and commissioned to aid the Attorney-General in the discharge of its work. 

In addition to the unprecedented infrastructure for the judiciary, the government has provided support for the e-justice project through approvals and allocation of high budgetary amounts for the judiciary to support its work including the e-justice. It is heartwarming to note  that the e-justice has moved to include more courts now completely automated, offering direct transcription, virtual hearings, e-filing of court processes, and a host of other digital services. 

Indeed, the government shares in the vision of the Chief Justice to deepen judicial training and continuous professional development of staff of the Judicial Service. The paralegal training for employees of the Judicial Service and other public institutions engaged in the justice administration will go a long way to improve efficiency and quality in the justice delivery value chain. To this end, the government shall support the judiciary to position the Judicial Training Institute (JTI) as a tertiary institution with accreditation to train and award certificates in paralegal training. 

Harvey Mackay says 

"Your workforce is your most valuable asset. The knowledge and skills they have represent the fuel that drives the engine of business - and you can leverage that knowledge." 

I am reliably informed that in December 2020, the Senior Staff Association in collaboration with the Judicial Training Institute and STAR Ghana organized a training programme for thirty – five (35) superior court registrars on “The Role of Registrars in the Adjudication of Electoral Cases”. This is an election year, It would not be out of place to request that such training programs are organised for the Judicial service staff  again to prepare them to deliver on their mandate as and when electoral disputes are brought to our courts for adjudication. 

Mr. Chairman, pluralism in trade unionism is critical to the development and empowerment of the work force in every country. 

Clarence Darrow once said 

"With all their faults, trade unions have done more for humanity than any other organization of men that ever existed. They have done more for decency, for honesty, for education, for the betterment of the race, for the developing of character in men, than any other association of men." 

From this quote, unionism goes farther than just existing to negotiate for better salaries and conditions of service. Unions must work to ensure decency, honesty, education of the work force and most importantly the development of character.  The Judicial Service is the administrative arm of the Judiciary, without which the operations of the Judiciary will be encumbered with many challenges. 

Without a doubt, the Judicial Service staff play very vital roles in the quality of administration of justice. To this end, I charge the leadership and members of JUSAG to work towards achieving the needed decency, honesty and other qualities required to deliver on their mandate. 

The Judicial Service is resolute in its dedication to ensuring timely and efficient dispute resolution. In line with this commitment, the bold initiative of the Chief Justice, Her Ladyship Gertrude Torkornoo for establishing the Small Claims Debt Recovery Courts in the District Court of La, Greater Accra, and in the Ashanti Region deserved great commendation. These specialized courts are pivotal in addressing the backlog of debtrelated cases, particularly small-debt that are inexpedient to pursue in the normal court proceedings, requiring special attention, speedy and cost-efficient procedure to boost and facilitate the business transactions of the Small and Medium enterprises (SMEs) in Ghana. 

Mr. Chairman, I cannot conclude without touching on some concerns of JUSAG which have been forwarded to and receiving the needed attention from the Presidency. These include the concerns that have been raised by JUSAG about the pending Judicial Service Regulations which is made pursuant to Clause 2 of Article 158 of the Constitution as well as the proposal for the review of salaries and related allowances of the Judicial Service Staff. These concerns can definitely not be whittled away and require the cooperation of both JUSAG and the government to constructively address those concerns. While we do not have to wait for labour to agitate before legitimate demands are met, addressing these concerns also require thoughtful innovative solutions by relevant stakeholders. The government is committed to addressing all these concerns and invites JUSAG and all other relevant stakeholders to equally commit to solutions and policies that is mutually beneficial and impactful to the country. 

The government relishes the invaluable role of JUSAG within the overall mandate of the third arm of government, the judiciary and accordingly  pledges its support to JUSAG in pursuing its goals and mandate.   

On behalf of H.E. The President and on my own behalf, it is my pleasure to wish you success in your climax and other business of the Extraordinary Delegates Conference of JUSAG while we continue to maintain the healthy collaboration that exists between JUSAG and the government. 

May God bless us all and our homeland Ghana and I thank you for your kind attention.