He emphasized, “You cannot do your job effectively unless funds are available, but the problem is that the Judiciary has to depend on the national cake and so whatever that the Judiciary will be given will depend on what is available for the sharing to the other arms of government.”

Justice Gbiel Simon Suurbaareh, noted that financial independence is important to enable the Judiciary to execute its constitutional mandate without overreliance on the Executive. He explained that when the Judiciary has full control over the disbursement of funds allocated to it by Parliament, it would be able to plan better, expand access to justice and improve the conditions under which judges and staff work.

He also pointed out the challenges faced by citizens in remote areas in accessing justice, due to the lack of court infrastructure. Justice Suurbaareh, recommended that more courtrooms should be constructed, especially in underserved districts, to address the gap in justice delivery as well as ensure access to justice for all.
“The lack of courts in certain parts of the country including the Northern sector is a case of concern ... I think that the administration should ensure that in places where we have courts people should be made to go and occupy those courts.”

Answering questions on compensation for wrongful convictions under Article 14 (7) of the Constitution, Justice Suurbaareh, said the decision rests with the Supreme Court and is based on the facts and circumstances of each case. He added that a person who is acquitted after serving part or all of a sentence can petition the Supreme Court for compensation if the trial court does not make a recommendation. While he agreed that legislative guidelines would bring consistency to the process, he said the Constitution currently provides for the use of discretion by the Court, and that is what applies.





