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credence to a generalized statement of lack of independence of the entire
institutional system.
166. Contrariwise, in Communication 322/2.006, Tsatsu Tsikata v. Republic of Ghana, the
Commission found that a series of measures taken by the government amounted
to interference in the independence of the judiciary with respect to the case of the
constitutionality of the Fast Track High Court, in violation of Article 26 of the
ACHPR. 65 In the presence of measures taken by the government which amount to
interference in the independence of the judiciary, one can conclude to a violation
of article 26 of the Charter.
167. In the present communication, the Complainant has not qemonstrated any
such element affecting the Judiciary of the Respondent State. The Commission
notes that the Complainant has submitted a series of allegations and cases
instituted by himself against the Chief Justice and other Judges, and media reports
where the same Complainant questions the integrity of their appointment to the
bench.66 The Complainant contends that, since the Chief Justice and the Senior
Puisne Judge participated in hearing the matter, while having challenges raised
against them by the Complainant, the integrity of the trial process was
compromised. The Complainant has also invoked family relations between two
senior members of the Judiciary.
168. In support to his claim of partiality in relation to a dismissal of his application
for temporary admission to the practice pending a review of his conviction and
disbarment decisions, the Complainant referred to the case of a medical doctor
who was granted temporary permission to practice medicine pending the
determination of her application for renewal of her licence which had expired
prior, citing the common descent of the Chief Justice and the concerned Medical
Doctor. The Commission declines to entertain this claim on which it does not have
sufficient information likely to lead to a finding on discrimination between
individuals in " similar conditions" and which is not relevant to the communication
at hand. In any case, those cases instituted by himself against members of the
Judiciary have not been adjudicated. Other claims look like mere suspicions
without tangible evidence of misconduct or undue interference. The Com��ion
holds the view that those cannot stand as elements of evide
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141
65 Communication 322/ 2006, n62 above, para 161.
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66 Complainant's Submissions, 5 December 2013, received 18 December 2013, Annex 7.
Page 40 of 45
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