The newly-sworn in Justice of the Supreme Court, Justice Emmanuel Yonny Kulendi, says he will be guided by his conscience and fear of God in what promises to be an exciting, but challenging journey, and phase of his life.
Justice Kulendi, who cut his teeth in legal practice in the Chambers of Akufo-Addo, Prempeh& Co., said he was bound to manifest the qualities of the prestigious law firm in the discharge of his duties and responsibilities as a Justice of the Supreme Court.
The brain behind the respected voice in the legal fraternity, Kulendi@Law, Justice Yonny Kulendi, said he would courageously and strictly adhere to the terms of the oaths he subscribed to.
“It is public knowledge that I am a product of that culture of intellectual rigour, independence of thought, hard work, discipline, ethical values, courage, empathy and dignity in lawyering that you have so ably entrenched and nurtured at the prestigious law firm of Akufo-Addo, Prempeh& Co.
“I am, therefore, bound to manifest these qualities in the discharge of my duties and responsibilities of my new role. Needless to say, I will courageously and strictly adhere to the terms of the oaths I have subscribed to this afternoon.
“Moreover, I shall be guided by my conscience, the fear of God, in what promises to be a challenging but exciting and fulfilling journey and phase of my life.
“In all matters, I shall demonstrate uncompromising fidelity to the Constitution, the law, and the evidence before me. I shall remain true to my judicial oath, my conscience and God. This is a charge I pledge to keep with every resolve and determination in my being,” he remarked.
Justice Kulendi, who was giving remarks at his swearing in, which took place at Jubilee House on Wednesday, assured the President Akufo-Addo that by the enabling grace of God, he shall, like Caesar’s wife, conduct himself above reproach.
President Akufo-Addo cited in his address the illuminating dicta of Sowah JSC in the locus classicus of constitutional interpretation, Tuffuor vs the Attorney General: “The Constitution has its spirit… Its language, therefore, must be considered as if it were a living organism capable of growth and development. A broad and liberal spirit is required for its interpretation.”
President Akufo-Addo stated that “the broad and liberal spirit” that has become hallowed by Tuffuor vs the Attorney General should inform the different perspectives that appointments to the court should reflect.
He explained that was why, as Attorney General from 2001 to 2003, he proposed for nomination for appointment onto the court, distinguished academic jurists of varying viewpoints, such as Professor Samuel Kofi Date-Bah, the late Professor Tawia Modibo Ocran, and the late Professor A.K.P. Kludze, three persons who were not in the mainstream, but whose works turned out to have such significant impact on the growth of the court’s constitutional jurisprudence.
“As President, I have continued in this tradition by appointing, inter alia, the immediate past President of the Ghana Bar Association, Justice Nene Amegatcher, and the former Dean of the Faculty of Law, University of Ghana, Justice Professor Emmanuel Nii Ashie Kotey, again persons who were not in the mainstream, as members of the Supreme Court,” the President Akufo-Addo
He continued: “Indeed, earlier today, I have appointed another distinguished academic lawyer, with an outstanding reputation in criminal law, Justice Professor Henrietta Mensa-Bonsu, onto the court. A blend of such persons with others on the court will enrich the evolution of our country’s jurisprudence.”
This, he said, was one of the strongest reasons for the appointment of Mr Emmanuel Yonny Kulendi, a highly-regarded, accomplished barrister, who forms part of the small group of persons appointed onto the court directly from the Bar, including Justice Nene Amegatcher and the late Edward Akufo-Addo.
Congratulating Justice Emmanuel Yonny Kulendi on his appointment to the Supreme Court, the President said the appointment was a particularly poignant experience for him.
“I was your pupil master in your early days at the Bar, and you cut your teeth in legal practice in my Chambers, Akufo-Addo, Prempeh & Co., before branching out to establish your own successful practice, Kulendi@Law, which has become a respected voice in the legal fraternity of our country. Your elevation, understandably, fills me with considerable pride,” he added.
However, President Akufo-Addo charged the justices to dispense justice in accord with their conscience and the rule of law.
The President reminded him that the Supreme Court was not bound to follow decisions of any other court, including its own, as stated in the 1992 Constitution.
He stressed that the situation where judges proffer judgement on the basis of decisions from lower courts and cite them as law was not acceptable.
“And even less so, when judges cite no authority at all in their rulings, and give others without reasons. Judges, more so justices of the Supreme Court, must be learned, know their case law and ensure that decisions taken in their judgements are properly motivated. It is this manner that judges contribute to the orderly development of the nation. So, to our new Supreme Court judges, it is important that you dispense justice in full accord with your conscience and the rule of law,” he concluded.
The post I will be guided by my conscience – Kulendi appeared first on The Chronicle Online.
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