Chief Justice urges Judges to demonstrate capacity in adjudicating RTI matters

Accra, Oct 27, GNA – Chief Justice Gertrude Torkornoo has urged judges to demonstrate capacity in adjudicating matters relating to the implementation and enforcement of the Right to Information (RTI) Act.

She said when the judges demonstrate their capacity to adjudicate RTI matters, it could form strong jurisprudence and be used as a precedent by judges of the Lower and Superior Courts.

She was speaking during the Commonwealth Human Rights Initiatives (CHRI) in collaboration with the Judicial Training Institute (JTI) Colloquium on Right to Information for Judges in Ghana.

The two-day training sought to highlight, promote, and increase existing knowledge of how the RTI is beneficial to the public.

It also promoted a better understanding and knowledge of international and regional legal frameworks on RTI, the basic principles and best practices on the right to information, and the rationale behind these principles.

She said it was important for the JTI to develop a strong faculty for passing on learning that was critical for Judges.

She urged the judges to categorize their learning and appreciate them to enable them to pass the knowledge gained on to others.

Madam Mabele Ahele, Deputy Director for the Judicial Training Institute, said her outfit had engaged the CHRI to develop a training manual to serve as a tool for the training of judges and build their capacities to live up to the mandate conferred on them by the constitution.

She said the manual provided a practical understanding of the international and regional legal framework on the rights to information and the obligations of public institutions in promoting this right.

Mr Sam Okudjeto, a Board Chair for CHRI, said the request to access information showed how citizens were actively involved in the democratic process.

He said the citizens’ ease of accessing information demonstrated the effectiveness of democracy in the country.

He urged the judges to not only be bound by the precedents in adjudicating matters in the country but also to read widely and observe the practices in other jurisdictions.

Mr. Maxwell Kadiri, Senior Legal Officer for Open Society Justice, said domestic and international laws had already guaranteed citizens access to information.

He said Ghana’s 1992 constitution and the

international charter Ghana had signed already guaranteed access to information as an inalienable right, but the RTI only outlined the procedure for acquiring the information.

Thus, any attempt to obstruct the citizens’ request to access information was a breach of fundamental human rights.

He urged public institutions to proactively provide information to ensure full implementation of the Act.

Justice Kweku Tawiah Ackaah Boafo, Justice of the Court of Appeal and facilitator for the training, said procedural challenges and delays in accessing information might compel people to seek an application for judicial review after refusal of the application.

He urged judges to take a keen interest in adjudicating matters concerning the refusal of the application.

GNA