Judicial Independence

The independence of the judiciary has been recognized in all democracies as a sine qua non for the promotion of a culture of democracy and human rights. Consequently, under Articles 78(2) and (3), the Constitution guarantees that independence, and provides that the courts –

Ø  … shall be independent and subject only to the Constitution and the law[,]

and further that –

Ø  No member of the Cabinet or the Legislature or any other person shall interfere with Judges or judicial officers in the exercise of their judicial functions, and all organs of the State shall accord such assistance as the Courts may require to protect their independence, dignity, and effectiveness, subject to the terms of this Constitution or any other law.

The judicial independence is by no means unfettered: it is fettered by the Constitution and the law.  Judges are accountable to the Judicial Service Commission in the performance of their judicial functions, and are subject to the rules relating to professional ethics, discipline and dismissal as stipulated in the Constitution and other law.​