Chemical engineer and former Unilever executive, Yaw Nsarkoh, has called on judges to combine intellectual ability with courage in interpreting the law and delivering justice, particularly in developing countries such as Ghana.
He said the effectiveness of the judicial process depended on balancing the technical requirements of legal science with the demands of natural justice in society.
Mr Nsarkoh made the observation while reflecting on the role of the judiciary in promoting social stability, fairness and public confidence in the justice system.
He recalled being influenced in his teenage years by the published version of the 1975 Agri-Fraser-Gajsberg Memorial Lectures organised by the University of Ghana, Legon.
The lecture, titled The Judicial Process in Commonwealth West Africa, was delivered by the eminent Nigerian legal scholar and jurist, Taslim Olawale Elias, popularly known as T.O. Elias.
According to Mr Nsarkoh, Elias argued that judges needed both intellectual resources and considerable courage because their responsibilities, particularly in young countries, inevitably involved a degree of lawmaking through the interpretation and application of existing laws.
Although he acknowledged that he was not a legal professional, Mr Nsarkoh said he remained persuaded by that approach to judicial responsibility.
He also referenced the book Reflections on the Supreme Court of Ghana by legal scholar Escoffier d’Attebar, which examines the evolving role of the judiciary in shaping the law.
Mr Nsarkoh cited the author’s observation that “there is no doubt the debate has shifted to the extent to which they make law or should make law,” highlighting the continuing debate over the extent to which judges interpret existing laws or contribute to the development of new legal principles.
Beyond the courtroom, Mr Nsarkoh linked the need for a courageous and effective judiciary to the broader question of social stability, warning that deep inequalities and the inability of ordinary people to live in dignity could threaten the security of society.
He cautioned that social unrest could erupt when people are pushed into desperate circumstances, noting that such outbursts might not follow rational calculations and could have destructive consequences.
“I never miss an opportunity to say to groups of elites that when the poor have nothing to eat, you will become their food,” he said.
Mr Nsarkoh argued that lasting peace, harmony and stability could not be secured solely through private security arrangements or fortified residences in a society characterised by deep social divisions.
Instead, he maintained that ensuring the dignity and well-being of ordinary people remained the most effective way to protect society’s long-term stability.
His reflections place the judiciary’s responsibility within a broader discussion about justice, inequality and the importance of institutions that can respond courageously and fairly to society’s changing needs.
Source: Newspyramid.com
