By A Justice of the Supreme Court of Ghana, Emmanuel Yonny Kulendi, has rejected claims that judges determine cases based on political interests, describing such perceptions as misconceptions that weaken public confidence in the judiciary.
He argued that judicial officers are guided by the law, evidence and facts presented before them, rather than the political affiliations or interests of those who appointed them.
“I call them myths,” he said.
Justice Kulendi explained that although judges, like all citizens, may have personal political views, their constitutional oath requires them to administer justice fairly and independently.
“Some people think that judges decide cases based on politics rather than based on law,” he said.
“I call it a myth because the judge’s textbook is the law. Of course, every judge is a human being. The judge, I’m sure, votes. The judge may have political preferences. But you take an oath, and you take the oath to adjudicate cases according to the law, the evidence, the facts that are demonstrated before you.”
He noted that a review of judicial decisions over the years demonstrates that judges have delivered rulings that do not always favour the governments or political figures associated with their appointments.
“You will see that judges have reached conclusions irrespective of which president appointed them,” he said.
Justice Kulendi stressed that constitutional protections such as security of tenure and guaranteed post-retirement benefits exist to ensure judges can perform their duties without fear or external influence.
“Judges have a security of tenure. Judges even have security of post-retirement benefits. It’s to create the environment that you can thrive, you can be independent-minded, you can deal with the matter without fear or favour.”
He further explained that a judgment does not have to be popular to be considered valid, noting that judges are required to uphold the law even when their decisions attract criticism.
“The decision doesn’t have to be popular. It has to be consistent with law and with the tenets of law,” he said.
Justice Kulendi added that judges sometimes arrive at decisions they may personally find difficult, including cases involving themselves, their families or close associates, but their duty remains to uphold the law.
“We reach conclusions we don’t like, but that is the dictate of the law. And if you want to show fidelity to the law and your oath, you have to reach that conclusion.”
Addressing concerns about delays in Ghana’s justice system, he cautioned against attributing all delays to judicial incompetence or corruption, explaining that procedural complexities and actions by litigants can also affect the pace of cases.
“There are rules of procedure that are very intricate. They are able to abuse and manipulation by lawyers and litigants who have a bad case,” he said.
He acknowledged that challenges such as limited resources, heavy workloads and, in some cases, judicial inefficiencies can contribute to delays, but insisted that the causes are broader than claims of incompetence or corruption.
“The delays have a variety of reasons, other than that the judge is either incompetent or the judge is corrupt,” he said.
Justice Kulendi also dismissed the perception that the Supreme Court has unlimited powers to intervene in every dispute, explaining that the court’s authority is defined by the Constitution.
“The Supreme Court itself is governed by the Constitution and can only do such things as are warranted and permitted by the Constitution and in relation to which it is vested with jurisdiction,” he said.
Justice Emmanuel Yonny Kulendi made the comments during an interview on Citi FM on Wednesday, July 8, 2026, as part of activities marking the 150th anniversary of the Supreme Court of Ghana.
