IS JUSTICE ROBIN COKER'S
SACKING CONSTITUTIONAL?

Following the sacking of High Court judge, Justice Robin Cocker, The Independent newspaper has been trying to get some explanation from both the Judicial Service Commission and the Judicial Secretary, both of whom declined to comment on the issue.

Speaking on the issue, however, renowned sociologist and politician Halifa Sallah said there is no portion in the country's constitution that allows any particular person to terminate the services of a high court judge. He is of the opinion that a judge can be only be removed for misconduct or infirmity and there are ways and means of his removal. In removing a judge, he explained, the National Assembly should write a petition to the speaker leveling allegations that could determine his removal. The National Assembly will vote for a sitting of a tribunal that will investigate the matter. Two thirds of Assembly members should approve the tribunal that will be set up.

He further said that the tribunal should consist of three people and one among them should be a senior judge in the high court. He added that if the tribunal investigates and decides that that particular judge should be removed, their report, based upon investigation, should be brought to the attention of the National Assembly.

'The National Assembly will vote again and if two thirds of its members approve his removal, he can be removed,' Mr. Sallah said. He added that some of the high court judges are appointed on contract and if their period of contract expires and is not renewed, that can lead to speculations that they are sacked.

A leading private lawyer, who prefers anonymity, condemned Robin Cocker's removal and suggested that 'this might be a threat to the country's judicial system. The judges should not have any influences from the government as this can lead to personal security threat. The judiciary should be independent, allowing free and fair judgement as the norm.'

A female lawyer said 'there is no clause in the constitution that allows judges to be appointed on contract; judges should not just grab the post because of money. They should not allow themselves to be contracted. You see now why they can be fired at any time'

She called on judges to make sure that they are appointed through the right procedures.

Justice Cocker was said to have been on vacation when his services were abruptly terminated. .