Departing from previous decisions necessary - Justice Essah

A Court of Appeal Judge who is being considered by parliament for the position of a Justice of the Supreme Court has justified why the Supreme Court must retain its power to depart from its own previous decisions.

Clause three of the same Article states, “The Supreme Court may, while treating its own previous decisions as normally binding, depart from a previous decision when it appears to it right to do so; and all other courts shall be bound to follow the decisions of the Supreme Court on questions of law”.

The Supreme Court nominee, Justice Sophia Rosetta Bernasko Essah, said the power granted to the apex court in Article 129 of the 1992 Constitution helped to, among others, cure injustice and ensure consistency.