Executive interference, partisanship and delayed justice: the judiciary and press freedom violations in Ghana

The 1992 Constitution of Ghana stipulates and guarantees the independence of both the media and the judiciary. As personnel of an institution that disseminates information while holding political leaders to account, journalists in the last three decades of Ghana's democracy have faced numerous harassments, physical abuses and even murders. But the question that still remains fully unanswered is: How has the judiciary leveraged its constitutional powers in defence of media freedom in the face of these threats? Using data gathered from both elite interviews and existing sources and within the context of the marketplace of ideas theory, this study argues that, while there are a few cases of high point, the judiciary has largely failed in fulfilling its constitutional obligations of defending media freedom, particularly in high-profile political cases where powerful political actors are involved. The study concludes that executive interference and influence, media partisanship and the judiciary's own perception of itself as an extension of the state, are to blame for this state of affairs. There is therefore the urgent need for genuine judicial independence and separation of powers, adherence to ethical and high professional standards by journalists and the establishment of media courts to remedy the situation.