{"id":99533,"date":"2025-10-20T23:28:00","date_gmt":"2025-10-20T23:28:00","guid":{"rendered":"https:\/\/sotnews.agency\/?p=99533"},"modified":"2025-10-20T23:28:00","modified_gmt":"2025-10-20T23:28:00","slug":"you-cant-codify-every-wrong-thaddeus-sory-says-leave-misconduct-judgments-to-committees","status":"publish","type":"post","link":"https:\/\/sotnews.agency\/?p=99533","title":{"rendered":"You can\u2019t codify every wrong \u2013 Thaddeus Sory says leave misconduct judgments to committees"},"content":{"rendered":"
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\n \t<\/i> Read Time:<\/span>2 Minute, 33 Second <\/div>\n\n <\/div>
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Lawyer and law lecturer Thaddeus Sory says not every form of judicial misconduct can be codified in law and insists that committees must be allowed to determine what constitutes misbehavior on a case-by-case basis.<\/p>\n

Speaking on JoyNews\u2019 PM Express on October 20, he argued that the Constitution was not meant to list every possible wrongdoing but to serve as a broad framework of governance that reflects public expectations.<\/p>\n

\u201cWhen you talk about the fundamental law of a land, you are not seeking to set out everything in detail,\u201d he explained. <\/p>\n

\u201cIt must be a compact document that sets out generally what we expect our framework of government to be like, because if you make it too ordinary and regulate every matter, people won\u2019t respect it.\u201d<\/p>\n

Read also: Mahama removes Chief Justice Gertrude Torkornoo on grounds of stated misbehaviour<\/p>\n

He said the concept of \u201cstated misbehaviour\u201d must be interpreted in light of public confidence in the judiciary. \u201cJustice emanates from the people,\u201d he said. <\/p>\n

\u201cSo if your Chief Justice gets drunk whilst in office, that\u2019s a stated misbehaviour. If she allows benefits for her family contrary to what the Constitution says, that too is misbehaviour. But you can\u2019t set all of that out. That\u2019s why you have a committee made up of lay people.\u201d<\/p>\n

Mr. Sory noted that ordinary citizens, not judges, are best placed to assess whether a Chief Justice\u2019s conduct undermines confidence in the justice system. <\/p>\n

\u201cWe, those involved in the justice system, judge ordinary men from whom justice emanates. If it affects us, let them also judge us,\u201d he said.<\/p>\n

He added that the committee system was designed to be fair and adaptable. <\/p>\n

\u201cThey could say that under a particular situation, this is forgivable. It\u2019s based on standards that must reflect the country\u2019s own perception of what they expect.\u201d<\/p>\n

Responding to whether codifying such standards would make the system more predictable, Mr. Sory disagreed. \u201cIt will be limitless,\u201d he said. <\/p>\n

\u201cCan anyone imagine every situation that might arise? If a judge\u2019s personal conduct became public scandal, would we have predicted that? The committee must decide if that conduct affects the public image of justice.\u201d<\/p>\n

Read also: CJ removal: Definition of \u2018stated misbehaviour\u2019 still unknown \u2013 Baffour Awuah<\/p>\n

He emphasised that leaving decisions to committees ensures accountability and fairness. <\/p>\n

\u201cAt the end of the day, everybody is accountable to society,\u201d he said. \u201cIf the people say they don\u2019t like your style, that\u2019s their judgment.\u201d<\/p>\n

Mr. Sory dismissed suggestions that case-by-case decisions invite unpredictability. <\/p>\n

\u201cIt has predictability,\u201d he insisted. \u201cIf the public sees that the head of the judiciary reverses a judgment for personal reasons, they will say they don\u2019t like that. That\u2019s the measure.\u201d<\/p>\n

He argued that the essence of constitutional maturity is not how detailed the document is, but how faithfully institutions uphold its spirit. <\/p>\n

\u201cThere are constitutions over 200 years old with atrocious provisions,\u201d he said. \u201cYet they remain because the people live with them. What matters is how we apply ours.\u201d<\/p>\n<\/div>\n

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