The Supreme Court of Ghana has the final say on legal matters and can overturn lower court decisions. The Court consists of nine justices and hears cases on a wide range of issues, including criminal law, civil law, and administrative law.[3]
History
The Supreme Court was established by the Supreme Court Ordinance (1876) as the highest tribunal in the Gold Coast (now Ghana) during the colonial era.[4]
On July 2, 2013, the Supreme Court sentenced the editor of the Daily Search light newspaper, Ken Kuranchie, to 10 days in prison for calling the 9 Justices hypocritical and selective.[5] After the parliament of Ghana passed a bill allowing the cultivation of weed in the country in 2022, the Supreme Court in May 2023 struck out the cannabis cultivation bill by a 5-4 majority.[6][7]
Role and Jurisdiction
The Supreme Court of Ghana plays a critical role in the country's legal framework. Its jurisdiction extends to a wide range of matters, including:
Constitutional Interpretation: The Supreme Court has the authority to interpret the provisions of the Constitution of Ghana. This is a vital function as it ensures that the Constitution remains a living document that adapts to the changing needs of the nation.
Presidential Election Petitions: In the event of disputes arising from presidential elections, the Supreme Court is vested with the power to adjudicate such matters and determine the validity of election results. One of the most notable cases was the 2012 presidential election petition, where the court upheld the election of President John Dramani Mahama.[8] This case demonstrated the court's commitment to ensuring the integrity of Ghana's electoral process.
Appellate Jurisdiction: The Supreme Court serves as the highest appellate court in Ghana, hearing appeals from lower courts on a variety of legal issues.
Current status
The 1992 constitution stipulates that the Supreme Court is made up of the Chief Justice of Ghana and not less than nine other Justices of the Supreme Court.[9] Is the final court of appeal and has jurisdiction over matters relating to the enforcement or the interpretation of constitutional law. The Chief Justice is appointed by the President of Ghana acting in consultation with the Council of State and with the approval of the country's Parliament.[10] The other Supreme Court Justices are appointed by the President acting on the advice of the Judicial Council and in consultation with the Council of State. This must also be with the approval of Parliament.[11] The 1992 Constitution abolished all the public tribunals established under the PNDC and created the Regional Tribunal whose chairman was equated with the High Court judges.[12]There is no limit on the number of judges appointed to the Supreme Court. There have been calls for there to be a cap on the number but various judges advised against it due to the demands on the court by the 1992 constitution.[13] The Court of Appeal, which includes the chief justice and not fewer than five other judges, has jurisdiction to hear and to determine appeals from any judgment, decree, or High Court of Justice order.[14] The High Court of Justice, which consists of the chief justice and not fewer than twelve other justices, has jurisdiction in all matters, civil and criminal, other than those involving treason.
The current Chief Justice of the Supreme Court of Ghana is Gertrude Torkornoo.
On 30 June 1982, during the curfew hours, three High Court Judges and a retired Army Officer, namely: Mr. Justice Frederick Poku Sarkodee, Mrs. Justice Cecilia Koranteng-Addow, Mr. Justice Kwadwo Agyei Agyepong and Major (Rtd) Sam Acquah were abducted from their homes and brutally murdered at the Bundase Military Range in the Accra Plains.[38][39] The unfortunate victims' bodies were then doused in gasoline and set ablaze.[38] The bodies were saved from total destruction by divine intervention in the form of a light rain that put out the fire.[38]
These distinguished judges paid the ultimate price for their unwavering commitment to the rule of law and the fair administration of justice.[38]
The Ghanaian judicial system honours them each year on Martyrs Day, the day commemorating their passing.[39] This memorial is meant to serve as a source of inspiration for us as a nation as we rededicate ourselves individually and collectively to the beloved goals and principles on whose altar they made the ultimate sacrifice: Lest We Forget.[38]
Selected Landmark Decisions of the Supreme Court of Ghana
Former President John Dramani Mahama in September 2022 criticized the Registrar of the Supreme Court for not setting a date to hear an application seeking an interlocutory injunction. This application aims to halt the Electoral Commission's limited voter registration until a final decision is made on a lawsuit challenging the choice of venues for the exercise.[41][42]
Halt of Speaker Ruling 2024
On October 17, 2024, the Speaker of the Ghana Parliament, Alban Sumana Kingsford Bagbin, declared four parliamentary seats vacant after the incumbents defected to contest the upcoming elections under different political parties.[43] This decision sparked tensions, leading to a rowdy parliamentary session on October 22, 2024, where some lawmakers walked out of the chamber. Following consultations with parliamentary leadership, Bagbin exercised his discretionary powers to suspend the house indefinitely under Standing Order 59(1), citing the ongoing crisis.[44]
On October 18, 2024, the Supreme Court temporarily halted the enforcement of Bagbin’s ruling, allowing the affected MPs to retain their seats for the time being.[40][45]
^"Ghanaian criminal court system". Association of Commonwealth Criminal Lawyers. Archived from the original on 12 January 2013. Retrieved 28 January 2011.{{cite web}}: CS1 maint: unfit URL (link)
^1992 Constitution Article 125(1). "Justice emanates from the people and shall be administered in the name of the Republic by the Judiciary which shall be independent and subject only to this Constitution."
^"1992 Constitution:Article 128(1)". Ghana Review International. Archived from the original on 1 April 2007. Retrieved 26 March 2007. The Supreme Court shall consist of the Chief Justice and not less than nine other Justices of the Supreme Court.
^Ghana Constitution:Article 144 clause 1 "The Chief Justice shall be appointed by the President acting in consultation with the Council of State and with the approval of Parliament."
^1992 Constitution:Article 144 clause 2 "The other Supreme Court Justices shall be appointed by the President acting on the advice of the Judicial Council, in consultation with the Council of State and with the approval of Parliament."
^"The Judiciary – Justice of the Supreme aCourt". Ghana local government website. Min. of Local Govt., Rural Dev. & Environment & Maks Publications & Media Services. Archived from the original on 10 October 2007. Retrieved 19 April 2007.