Justice System Suffering Trust Deficit – Stephen Asare

A Development Fellow in Public Law and Justice, Professor Stephen Asare, has observed that the justice system in the country is currently suffering a trust deficit which is a development that threatens the sustainability and survival of the 1992 Constitution.

“The delay and defects in the enforcement of the Constitution has eroded the public’s trust in the justice system and over time, constitutional enforcements and justice have become too slow, expensive, technical, narrow, unpredictable, and incomprehensible,” he pointed out.

Prof. Asare indicated that in the process, they had out-priced the poor and the disadvantaged, have out-lawyered the non-lawyers and have increasingly blocked the pathway that the constitution opened for even the determined and knowledgeable private solicitors who sought to enforce the document.

He maintained that the excitement of operating in constitutional ecosystem had waned over time and whatever it is, enforcement challenges had eroded public confidence in the court as an enforcer and sentinel of the Constitution.

Prof. Asare attributed the situation to the reason why Santrokofi, Akpafu, Lolobi and Likpe (SALL) which nobody seemed interested in rushing to the court to seek enforcement and the reason up till now is not known whether the Auditor General was properly removed adding that “this is why the General Legal Council insists on monopoly, contrary to Article 25(2) of the 1992 Constitution.

“The Constitution, in its current state, is imperfect however, it does not necessarily call for the introduction of a new one, I agree that several amendments can be made to portions of the existing Constitution, like all creations of mankind, the Constitution is undoubtedly imperfect, but I am of the firm view that it is imprudent to jettison it.

“This is because there are people who are calling for that, for the irrational pursuit of another constitution which assuredly will also be imperfect since it is a creation of mankind, I contend this trust deficit more than the Constitution’s imperfections is the imminent threat to sustainability and survival of the Constitution,” Prof. Asare postulated.

He averred that the Constitution was good only to the extent the public had confidence in it with public trust and confidence in the court was prerequisite for the public to consider as credible forum for enforcement of constitutional promises.

Source: The Ghanaian Times