Fund judiciary adequately to protect judicial independence – Valentin Mensah

Governance specialist Valentin Kwasi Mensah has called for adequate funding and resources for Ghana’s judiciary, arguing that judicial independence cannot be guaranteed without the financial and material capacity to deliver justice.

Speaking at a JoyNews public lecture on the theme “Even Judges Must Eat – An Outside-In Provocation,” Mr Mensah said judges could be independent in principle but struggle to perform their duties effectively if courts lacked adequate staff, functional computers and operational funds.

“Even judges must eat captures an important truth. Judges and court workers need decent conditions, while courts need buildings, records, equipment and functioning systems. Independence requires the means to do the work,” he said.

Mr Mensah noted that Ghana’s 1992 Constitution provides safeguards for judicial independence, including provisions under Article 127 on the independence of the judiciary and aspects of its financial administration.

He also cited provisions concerning judicial administrative expenses, conditions of service and the release of funds, alongside the legal framework governing the administration and financing of the Judicial Service.

However, he argued that constitutional safeguards must be matched by effective implementation and greater transparency in the allocation and use of public funds.

“Citizens should be able to see what courts request, what Parliament approves, what is released and how the money is spent. Institutions receiving public funds must explain both their needs and their results,” he said.

Mr Mensah referred to a 1988 study published by the Centre for the Independence of Judges and Lawyers, which distinguished between the freedom of judges to decide cases and the employment security and material conditions needed to sustain that freedom.

He warned that constitutional protections could lose their practical value if inflation weakened the purchasing power of judicial salaries or if approved funding commitments were not met.

His remarks highlighted the relationship between the financial security of judicial officers, the operational capacity of courts and the effective administration of justice.

The lecture, organised by JoyNews in collaboration with professional bodies, brought together stakeholders to discuss the state of Ghana’s judiciary and reforms needed to improve the delivery of justice.

Mr Mensah’s intervention focused on the need to ensure that courts have the personnel, equipment and funding required to function effectively, while maintaining accountability for the use of public resources.