Justice Sophia Rosetta Bernasko Essah, a Supreme Court nominee, has defended her judicial philosophy and articulated a clear vision for how she intends to approach constitutional interpretation if confirmed to the highest court.
Justice Sohia Essah emphasized the importance of interpreting the law that serves the greater good of the people of Ghana.
“I aim to interpret the law in a manner that would bring meaning and benefit to the good people of Ghana, in whom sovereignty lies and for whom justice is dispensed,” she stated.
The nominee appeared before the Vetting Committee on Tuesday, August 13, which had suspended her vetting on a previous occasion due to disagreement between the Majority and Minority caucuses of the House.
President Nana Addo Dankwa Akufo-Addo nominated Justice Sophia Rosseta Bernasko Essah and Professor Richard Frimpong Oppong for consideration as Justices of the Supreme Court in response to the retirement of Justice Nii Ashie Kotey and the upcoming retirement of Justice Mariama Owusu.
The Speaker of Parliament, Alban Bagbin after receiving a message of the nomination on Monday, July 22 2024, referred it to the Appointment’s Committee for review and feedback.
A Justice of the Appeals Court, Sophia Rosetta Bernasko Essah underscored her commitment to ensuring that her judicial decisions reflect the aspirations of the citizens, contributing to their socio-economic development and self-actualization.
The Supreme Court nominee argued that the law is intrinsically tied to the realities of life and must be applied in a way that does not undermine its intended social benefits.
She said, “Law is tied to life, and therefore as much as possible, in interpreting the constitution, one must do it in a manner that will not undermine the social benefits that the law was intended to achieve.”
In response to inquiries about her interpretative approach, Justice Bernasko Essah underscored the dual nature of constitutional interpretation.
According to him, in interpreting the Constitution, a Justice must look at the letter of the law as well as the ethos of the law.
She elaborated on the importance of understanding the broader context in which the law was created, including the values, culture, and expectations of the Ghanaian people.
“We should look at that one more importantly than the literal words which have been written. We must have the heartbeat of the society at hand when we are interpreting the constitution,” Justice Sophia Essah asserted.
Addressing a question on whether judges must strictly adhere to the literal text of the constitution, she remarked, “It should not be narrow, it should not be doctrinaire, it should be liberal and broad so that it would achieve the benefits which the good people of this country intended it to achieve.”