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. .