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The Judiciary of Ghana: An Overview
The judiciary’s structure traces back to the Supreme Court Ordinance of 1876 under British colonial rule. Post-independence, it evolved through various constitutions, with significant reforms after the 1992 Constitution established the Fourth Republic.
The Judiciary of Ghana, established under the 1992 Constitution, is an independent branch of government responsible for interpreting, applying, and enforcing the nation’s laws. It operates within a framework rooted in English common law, supplemented by customary and statutory laws, reflecting Ghana’s legal pluralism. The judiciary is divided into two main categories: the Superior Courts of Judicature and the Inferior Courts.
Structure of the Judiciary
The Superior Courts of Judicature include:
- Supreme Court: The highest court, led by the Chief Justice, with at least nine justices. It handles constitutional interpretation, presidential election petitions, and serves as the final appellate court. It can depart from past decisions, allowing flexibility in setting judicial precedents. Justices require at least 15 years of legal practice for nomination.
- Court of Appeal: Comprises the Chief Justice and at least ten justices with a minimum of 12 years of legal experience. It hears appeals from lower Superior Courts and Regional Tribunals and is bound by its own precedents.
- High Court: Includes the Chief Justice and at least 20 justices. It has original jurisdiction over serious criminal cases (e.g., murder, treason) and civil cases exceeding a stipulated sum of money as well as exclusive authority to enforce fundamental human rights under the Constitution.
- Regional Tribunals: Equivalent to the High Court, handling specific cases as established by Parliament.
The Inferior Courts, established by Parliament, include:
- Circuit Courts: Handle civil cases up to a stipulated amount GH₵50,000 and criminal cases excluding treason and death penalty offenses.
- District Courts: The most accessible courts, dealing with civil cases up to a stipulated amount and minor criminal cases with fines up to 500 penalty units or two years’ imprisonment. They also include specialized Family and Juvenile Courts.
Independence and Role
The 1992 Constitution prohibits interference with the Judiciary from the executive or legislative branches. The judiciary upholds fundamental human rights, ensuring equality regardless of sex, race, and religion, with support from the independent Commission on Human Rights and Administrative Justice.
Appointment and Administration
The Chief Justice heads the judiciary and is appointed by the President in consultation with the Council of State and Parliament’s approval. The Chief Justice also chairs the Judicial Council, which proposes judicial reforms. Justices of the Superior Courts are nominated by the Chief Justice, with presidential approval, ensuring a merit-based process.
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