THE REPUBLIC vs. EBUSUAPANYIN KOFI YEBOAH & BRIGADIER-GENERAL AUGUSTINE ASIEDU EX-PARTE: EBUSUAPANYIN NANA OPPONG KYEKYEKU

JUDGMENT INTRODUCTION [1] The 1992 Constitution in Clause 2 of its Article 127 underlines the sanctity of the independence of the judiciary to dispense justice in the following words: “127(2) Neither the President nor Parliament nor any person acting under the authority of the President or Parliament nor any other person whatsoever shall interfere with judges or judicial officers or other persons exercising judicial power, in the exercise of their judicial functions, and all organs or agencies of the state shall accord to the courts such assistance as the courts may reasonably require to protect the independence, dignity and effectiveness of the courts, subject to this Constitution.” (Emphasis mine). [2] There is no denying that the exercise of judicial functions is not limited to judges and judicial officers. Other persons who are neither judges nor judicial officers may also, by law exercise judicial power. The Judicial Committees of the Houses of Chiefs have been vested...