A Supreme Court nominee Justice Sophia Rosetta Bernasko Essah has stated that the Supreme Court is constitutionally permitted to depart from its own previous decisions when it considers it right to do so.
Justice Bernasko Essah made the remarks during her vetting before Parliament’s Appointments Committee on Wednesday, August 27, in Accra.
Responding to a question from the Majority Leader, James Agalga, on whether the Supreme Court should be allowed to depart from its own previous decisions, the nominee noted that “the Supreme Court is required under Article 129(3) to depart from its decisions if need be”.
She further explained that although previous decisions of the Supreme Court are normally binding, the Court has the constitutional latitude to reconsider and depart from an earlier decision where circumstances justify such a move.
Article 129(3) reads, “the Supreme Court may, while treating its own previous decisions as normally binding, depart from a previous decision when it appears to it right to do so; and all other courts shall be bound to follow the decisions of the Supreme Court on questions of law.”
Justice Bernasko Essah also indicated that where an earlier decision is found to be erroneous, inconsistent, injurious or has resulted in injustice, the Supreme Court is not prevented from reconsidering its position and, where necessary, departing from its previous judgment.
According to her, such departures recognise the reality that judicial decisions, like other human endeavours, may not always be infallible.
Her comments underscore the principle that even decisions of the country’s highest court may be revisited when new developments, compelling circumstances or a reassessment of the law demonstrate that an earlier position is no longer appropriate.
The nominee’s position also reaffirms the delicate balance between legal certainty and justice. While the doctrine of precedent promotes consistency and predictability in the administration of justice, Article 129(3) provides the Supreme Court with the flexibility to correct decisions that it considers wrong or unjust.
By Ishamel Oduro-Acheampong
