Judges are protected by law — Justice Tummasi explains why wrongful convictions don’t strip their licence
At the launch of the 20th Law Week Celebration of the Law Students’ Union at the Kwame Nkrumah University of Science and Technology (KNUST), Justice Fredrick Kwabena Tummasi of the High Court shed light on a key legal concern involving wrongful imprisonment and the accountability of judges.
During the Q&A segment of the seminar, which took place at the Faculty of Law Auditorium on Monday, June 23, 2025, a teaching assistant named George posed a thought-provoking question.
He asked what becomes of a judge’s licence if it is later discovered that someone wrongly convicted—say in a rape case—did not actually commit the crime, even after serving a substantial portion of the sentence.
Justice Tummasi responded by clarifying the legal principle of judicial immunity, explaining that judges are protected from personal liability for decisions made in the course of their duties.
“The law gives judges what we call judicial immunity,” he stated. “You are giving your judgments in the normal course of your work and you are not supposed to suffer for something that you have decided using the law.”
He acknowledged the tragedy of wrongful imprisonment and emphasized that the law does offer a form of redress.
“Yes, the person may have spent some years in prison… Yes, it may be discovered that he was not the one who did it. When he comes out, the law also provides that in such a case, he can sue for compensation.”
Justice Tummasi explained that judges make decisions based on the facts and legal arguments available at the time.
New evidence might surface later that was not presented during the original trial, and it is usually through appeal that such errors are corrected.
The follow-up question—whether a judge can ever lose their licence—was also addressed with clarity. Justice Tummasi affirmed that although judges enjoy immunity in their judicial capacity, there are still constitutional and statutory provisions under which they can be removed from office.
“There are circumstances that are outlined in the Constitution and in the Courts Act,” he said. “For example, for gross incompetence or proven misconduct… So yes, there are instances that a judge may be removed from office when he falls foul of the law himself or herself.”
The theme for this year’s Law Week celebration is “Law with Honour: Shaping an Ethical Legal Generation for the Global Market.”
Other distinguished speakers at the event included Hon. Kojo Oppong Nkrumah, MP for Ofoase Ayirebi, and Yaw Boafo, Esq., former President of the Ghana Bar Association.
