PHOTO: Justice Yusif Kaba
By Garmah Never Lomo, garmahlomo@gmail.com
Monrovia, Liberia- Political interference poses a significant challenge to Judicial Independence in many African countries with Liberia being no exception undermining the impartiality and integrity of the judiciary, Associate Justice Yusif D. Kaba of the Supreme Court of Liberia in a presentation has said at the ongoing African Regional Group meeting of the International Association of Judges Conference here.
Justice Kaba presented on the Topic: Reflecting on Judicial Independence and Justice for All in a Democratic State within the African Context.
He stated that when political actors seek to influence judicial decisions or control the appointment, promotion or removal of Judges for their own political gains, it erodes the fundamental principles of separation of powers and the rule of law.
“This interference can manifest in various forms and such as:
Appointment of Judges in some cases, political leader appoints judges based on loyalty rather than merit, compromising the Judiciary’s and erode public trust in the judiciary’s ability to deliver impartial justice.”
Justice Kaba further named case fixing as another political interference can extend to specific cases where powerful individuals or interests pressure judges to rule in a certain way to advance their political agenda or protect their interests which undermines the fairness and credibility of the judicial process.
He also added that another way the Judiciary can experience interference is budget control where the government through the branches of government namely Legislature and Executive control the judiciary’s budget can wield significant influence over its operations including the allocation of resources, infrastructure and staff.
This, the Liberian Supreme Court Justice said can limit the Judiciary’s autonomy and hinder its ability to function independently.
Retaliation is another Judiciary interference cited by Justice Kaba where judges who ruled against the government or ruling party may face threats, intimidation or even removal from office as a form of retaliation. This climate of fear can deter judges from upholding the rule of law and dispensing justice without bias.
According to Justice Kaba, Legislative interference played a great impact with the independence of judiciary because political actors may pass laws that restrict judicial independence, such as limiting the jurisdiction of courts, altering judicial procedures, or imposing arbitrary disciplinary measures on judges. These Legislative measures can weaken the judiciary’s ability to act as a check on government power.
“Addressing political interference in the judiciary requires a multi-faceted approach that involves strengthening legal safeguards, promoting transparency and accountability, and fostering a culture of judicial independence the Supreme Court Justice added. International Standards, such as the United Nations basic principles on the independence of the judiciary, provide guidance on safeguarding judicial independence and resisting political pressures,” he said.
The Supreme Court Justice maintained that by raising awareness about the detrimental effects of political interference on Judicial Independence, advocating for reforms to protect the Judiciary from undue influence, and promoting a culture of respect for the rule of law, African countries can strive towards a more independent and effective judiciary that upholds Justice for all.
Justice Kaba continued that many African countries have constitutional provisions that guarantee the independence of the judiciary. For example, the Liberian constitution established the Judiciary as a separate branch of government vesting therein the exclusive authority to exercise the judicial power of the republic with the power to review the actions of the Executive and Legislative branches.
However, Justice Kaba also said corruption poses a pervasive and pernicious challenge to judicial independence in Africa undermining the credibility, impartiality and effectiveness of the judiciary. He explained that when Judges are susceptible to bribery, undue influence or other forms of corruption, the very foundation of the rule of law is eroded and public trust in the legal system diminishes.
According to him, the impact of corruption on judicial independence can be profound and far-reaching affecting access to justice, the protection of human rights and overall stability of democratic institutions.
Meanwhile, Justice Kaba has recommended the following:
- ensuring constitutional guarantees of judicial independence, strengthening judicial reforms and institutional capacity
- enhancing transparency and accountability mechanisms
- and promoting international cooperation and peer learning
The international Judges conference opened in Liberia on Monday and will end this Friday at the Ellen Johnson Sirleaf Ministerial Complex in Monrovia’s Congo Town suburb.