Justice must not only be done, but should manifestly be seen to be done – Abban

By: Eugene Dogbatse Atsu
Former Member of Parliament for Gomoa West, Alexander Abban, has called for greater sensitivity to public perceptions surrounding judicial decisions, warning that actions seen as politically motivated could erode confidence in Ghana’s judiciary.

Speaking on Citi FM, the former New Patriotic Party (NPP) lawmaker said that while courts must remain guided by the law, the public’s perception of fairness is equally important in preserving trust in the justice system.

“Justice must not only be done, but it must also manifestly be seen to be done,” Mr. Abban said, arguing that confidence in judicial institutions depends not only on the correctness of decisions but also on how those decisions are viewed by ordinary citizens.

According to him, perception has become a powerful force in governance and can sometimes shape public opinion more strongly than the facts surrounding a particular decision.

“In the business of governance, sometimes it is actually run by an unruly horse called perception,” he stated. “And if you don’t take care, you may have had very good reasons for taking a particular step, but if it comes out of the very ordinary and it appears to be targeted at politically exposed persons, then you are likely to invoke a substantial cohort of people to think politics into your decision rather than truly adjudicate it.”

Mr. Abban explained that when decisions appear to single out politicians or public office holders, sections of the public may begin to question whether the law is being applied fairly and independently. He noted that such perceptions, whether justified or not, can have serious consequences for the credibility of state institutions.

The former legislator said concerns about fairness and impartiality have become increasingly prominent in public discourse, with many citizens closely scrutinising decisions involving high-profile political figures.

He stressed that maintaining public trust in the judiciary requires not only adherence to legal procedures but also careful consideration of how judicial actions are interpreted by the wider public.

Mr. Abban further argued that politicians themselves have contributed to growing public scepticism about institutions, saying political actors often fuel narratives that deepen mistrust.

“Politicians are trying to break my legacy and erode my confidence in the judiciary. Unfortunately, the politicians themselves have also led themselves to it,” he remarked.

To balance his argument, Mr. Abban pointed to long-standing judicial practices that have evolved into accepted conventions within the legal system. He cited the practice in criminal trials where a judge who begins hearing a case is generally expected to continue until the matter is concluded and judgment is delivered.

“We have a practice which has also virtually erected itself into a rule of practice. This practice of a judge hearing a criminal case, being the same person to hear all the evidence and then to judge people.”

He explained that under earlier judicial arrangements, if a judge hearing a case was transferred, reassigned or retired before the matter was concluded, the incoming judge would often direct that the trial begin afresh.

“Those days, if a judge was hearing a case, he would have to hear it to its conclusion and then give judgment. And so if, in the course of it, he is transferred or he retires, the new judge will come and he will say that the trial should start anew, that it should start afresh,” he said.

He emphasized that, principle behind the practice was to ensure that the judge delivering the final judgment had personally observed the conduct, responses and demeanour of witnesses and accused persons throughout the trial.

“The rationale behind this is that the judge will have to observe the demeanour of the accused person to be sure whether he is a person of truth,” he explained.

He added that judicial procedures and decisions must always inspire confidence among citizens, especially in politically sensitive matters.

He said preserving both the reality and appearance of fairness remains essential to protecting the integrity of the judiciary and strengthening Ghana’s democratic institutions.