.
THE ROLE OF A JUDICIAL EDUCATOR /
INSTRUCTOR IN ENVIRONMENTAL LAW
BY
JUSTICE DENNIS ADJEI
(Justice of the Court of Appeal, Director of the Judicial Training Institute, Ghana)
26TH -28TH JUNE, 2017.
ENVIRONMENTAL LAW
 Environmental
law
has
become
an
indispensable discipline in adjudication.
 Judges role in determining Environmental
Crime has become critical due it’s sensitive
nature.
ENVIRONMENTAL CRIMES.
 Use of poisonous substance in fishing .
 Improper disposal of radioactive substances
into rivers or the sea.
 Adverse effects of some religious activities.
CONT. ENVIRONMENTAL CRIMES.
 Conspiracy
between
foreigners
and
indigenes in illegal alluvial mining.
 Improper disposal of human excreta by
foreigners during illegal alluvial mining in
rivers.
EXPECTED PUNISHMENTS TO
OFFENDERS.
 Affected victims expect severest sentence
meted out to suspects.
 Institution of sensitive class actions due to
the number of persons and injuries each has
suffered from any environmental pollution.
CONT. EXPECTED PUNISHMENTS TO
OFFENDERS.
 In some jurisdictions, people may bring an
action to terminate an environmental
pollution without establishing locus standi.
ADJUDICATING ENVIRONMENTAL
CASES.
 Should Judges treat environmental cases
differently by virtue of its volatility?
 Judges should be reminded of their judicial
oath when adjudicating no matter how
volatile it may be.
CONT. ADJUDICATING
ENVIRONMENTAL CASES.
 Judges should not be intimidated when
exercising final Judicial power.
 Judges should not allow their judicial
independence be interfered with as it can
affect the potency of the Court.
CONT. ADJUDICATING
ENVIRONMENTAL CASES.
 Judges must avoid external influence apart
from considering social considerations in
preserving his or her dignity.
 Judges to bear in mind social and economic
factors when awarding damages.
CONT.ADJUDICATING
ENVIRONMENTAL CRIME.
Social factors to consider when imposing
sentences on offenders:
 upsurge of the offence
 country's position on environmental crime
 impunity in which the crime was committed
and
 negative impact of the offence on the
populace.
THANK YOU