Supreme Court of Ghana | |
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5°32′43.8072″N0°12′17.3736″W / 5.545502000°N 0.204826000°W | |
Established | 1876 |
Location | Accra, Ghana |
Coordinates | 5°32′43.8072″N0°12′17.3736″W / 5.545502000°N 0.204826000°W |
Composition method | Presidential nomination, in consultation with the Council of State and with Parliamentary confirmation and approval |
Authorized by | Supreme Court Ordinance, 1876 and Constitution of Ghana, 1992 |
Judge term length | Mandatory retirement at age 70 |
Number of positions | A minimum of 9 |
Website | The Judicial Service of Ghana |
Chief Justice of Ghana | |
Currently | Gertrude Torkornoo |
Since | 12 June 2023 |
Constitution |
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Africaportal Politicsportal |
The Supreme Court of Ghana is the highest judicial body in Ghana. [1] Ghana's 1992 constitution guarantees the independence and separation of the Judiciary from the Legislative and the Executive arms of government. [2]
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]
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]
Until 1960, there was a right of appeal to the Judicial Committee of the Privy Council in London, England.
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]
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:
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.
The following is a list of the judges of the Supreme Court. [15] [16] In July 2018, President Nana Akufo-Addo appointed four new judges to the Supreme Court. They were Samuel K. Marful-Sau and Agnes M.A Dordzie, both Justices of the Appeal Court, Nii Ashie Kotey, a former Dean of the Faculty of Law at the University of Ghana and Nene A. O. Amegatcher, a lawyer in private practice who also a former president of the Ghana Bar Association. [17] One of the longest-serving judges of the Court, William Atuguba retired in the same month. He had been on the Supreme Court after being nominated by Jerry Rawlings in November 1995 [18] [19] until July 2018. [20] The last female Chief Justice was Sophia Akuffo. She was the last Supreme Court Judge appointed by Jerry Rawlings to retire. She retired on 20 December 2019 and was replaced by Kwasi Anin-Yeboah on 7 January 2020. In December 2019, President Akufo-Addo appointed three new judges to the Supreme Court. They were Mariama Owusu, Avril Lovelace-Johnson, and Gertrude Tokornoo. [21] They were to replace Vida Akoto-Bamfo, Sophia Adinyira, and Sophia Akuffo who had either retired or were due to retire. [22]
List of Justices of the Supreme Court of Ghana [23] | |||
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Judge | Date Appointed | Length of service | Appointed by |
Gertrude Torkornoo (Chief Justice) | 17 December 2019 [21] | 4 years, 2 months | Nana Akufo-Addo |
Paul Baffoe-Bonnie | 11 June 2008 [24] | 15 years, 8 months | John Kufuor |
Gabriel Pwamang | 29 June 2015 [25] | 8 years, 7 months | John Mahama |
Mariama Owusu | 17 December 2019 [21] | 5 years, 7 months | Nana Akufo-Addo |
Avril Lovelace-Johnson | 17 December 2019 [21] | 4 years, 2 months | Nana Akufo-Addo |
Issifu Omoro Tanko Amadu | 22 May 2020 [26] [27] | 3 years, 8 months | Nana Akufo-Addo |
Henrietta Mensa-Bonsu | 26 May 2020 [28] | 3 years, 8 months | Nana Akufo-Addo |
Yonny Kulendi | 26 May 2020 [28] | 3 years, 8 months | Nana Akufo-Addo |
Barbara Ackah-Yensu | 28 December 2022 [29] | 1 year, 1 month | Nana Akufo-Addo |
Samuel Adibu Asiedu | 28 December 2022 [29] | 1 year, 1 month | Nana Akufo-Addo |
George Kingsley Koomson | 5 April 2023 | 10 months | Nana Akufo-Addo |
Ernest Gaewu | 5 April 2023 | 10 months | Nana Akufo-Addo |
Henry Anthony Kwofie | 3 January 2024 | 1 month | Nana Akufo-Addo |
Yaw Darko Asare | 3 January 2024 | 1 month | Nana Akufo-Addo |
Richard Adjei-Frimpong | 3 January 2024 | 1 month | Nana Akufo-Addo |
Since its inception in 1876, the Supreme Court has had 27 chief justices. [30]
List of chief justices of the Gold Coast and Ghana | ||
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Chief Justice | Time frame | Period |
Sir David Patrick Chalmers | 1876–1878 | Gold Coast |
P. A. Smith | 1878–1879 | Gold Coast |
Sir James Marshall | 1880–1882 | Gold Coast |
N. Lessingham Bailey | 1882–1886 | Gold Coast |
H. W. Macleod | 1886–1889 | Gold Coast |
Joseph Turner Hutchinson [31] | 1889 - 1894 | Gold Coast |
Francis Smith (acting) | 1894 - 1895 | Gold Coast |
Sir William Brandford Griffith | 1895–1911 | Gold Coast |
Philip Crampton Smyly | 1911–1928 | Gold Coast |
Sir George Campbell Deane | 1929–1935 | Gold Coast |
Sir Philip Bertie Petrides | 1936–1943 | Gold Coast |
Sir Walter Harrangin | 1943–1947 | Gold Coast |
Sir Mark Wilson | 1948–1956 | Gold Coast |
Sir Kobina Arku Korsah | 1956–1963 | Gold Coast (1956 – 6 Mar 1957) Dominion of Ghana – 1st Republic of Ghana (6 Mar 1957 – 1963) |
J. Sarkodee-Addo | 1964–1966 | 1st Republic |
Edward Akufo-Addo | 1966–1970 | military rule [32] (1966–1969) 2nd Republic (1969–1970) |
Edmund Alexander Lanquaye Bannerman | 1970 -1972 | 2nd Republic [33] |
Samuel Azu Crabbe | 1973–1977 | military rule [34] |
Fred Kwasi Apaloo | 1977–1986 | military rule (1977–1979) 3rd Republic [12] (24 Sep 1979-31 Dec 1981) [35] military rule [12] (31 Dec 1981–1986) |
E. N. P. Sowah | 1986–1990 | military rule |
Nicholas Yaw Boafo Adade (acting) | 1990–1991 | military rule |
Philip Edward Archer | 1991–1995 | military rule (1991–1993) 4th Republic (1993–1995) |
Isaac Kobina Abban | 1995 – 21 April 2001 | 4th Republic |
Edward Kwame Wiredu | 2001–2003 | 4th Republic |
George Kingsley Acquah | 4 July 2003 – 25 March 2007 | 4th Republic |
Georgina Theodora Wood | [36] 15 June 2007 – 8 June 2017 | 4th Republic |
Sophia Akuffo | 19 June 2017 – 20 December 2019 | 4th Republic |
Kwasi Anin-Yeboah | 7 January 2020 [37] – 24 May 2023 | 4th Republic |
Gertrude Torkornoo | 6 June 2023 – | 4th Republic |
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]
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. [40] [41]
Politics of Ghana takes place in a framework of a presidential representative democratic republic, whereby the president of Ghana is both head of state and head of government, and of a two party system. The seat of government is at Golden Jubilee House. Executive power is exercised by the government. Legislative power is vested in both the government and Parliament. The judiciary is independent of the executive and the legislature.
Sophia Abena Boafoa Akuffo was the Chief Justice of Ghana from 19 June 2017 until 20 December 2019. She had been a Judge in the Supreme Court of Ghana since 1995.
Nana Addo Dankwa Akufo-Addo is a Ghanaian politician who has served as the president of Ghana since 2017. He previously served as Attorney General from 2001 to 2003 and as Minister for Foreign Affairs from 2003 to 2007 under the Kufuor-led administration.
Georgina Theodora Wood is a Ghanaian judge and also a former police prosecution officer. She was the Chief Justice of Ghana and the first woman to occupy that position. She retired in 2017 after five decades of service to the state. She is a member of the Council of State.
The chief justice of Ghana is the highest-ranking judge of the Supreme Court of Ghana. The chief justice is also the head of the Judiciary of Ghana and is responsible for its administration and supervision. In order of state precedence, the chief justice is the fourth highest official in Ghana.
The Electoral Commission of Ghana (EC) is the official body in Ghana responsible for all public elections. Made up of seven members, its independence is guaranteed by the 1992 Ghana constitution. The current commission was established by the Electoral Commission Act (Act 451) of 1993. Kwadwo Afari-Gyan was the first substantive chairman of the commission, from 1993 to 2015. He was succeeded by Charlotte Osei as the first female chairman of the commission from 2015 to June 2018. Jean Adukwei Mensah succeeded Charlotte Osei in July 2018. On December 5, 2018, the Electoral commission chaired by Jean Adukwei Mensah reverted to the old logo showing the Coat of arms of Ghana and a ballot box showing the hand casting its votes, after the controversy over the new logo.
The Council of State in Ghana is a small body of prominent citizens, analogous to the Council of Elders in the traditional political system, which advises the President on national issues.
Martin Alamisi Burnes Kaiser Amidu is a Ghanaian politician and lawyer who served as Attorney General and Minister for Justice in Ghana from 2011 to 2012 and then as the First Special Prosecutor of the country from 2018 until his resignation in 2020, citing political interference by the President, Nana Akufo-Addo. He is also known for introducing the word ‘gargantuan‘, into the body politics of Ghana, when he opened investigations in the Woyome scandal which was one of the highest profiled corruption cases at the time. On 11 January 2018, Martin A.B.K Amidu was named by the President of Ghana as the Special Prosecutor for the newly created Office of the Special Prosecutor. Nana Akufo-Addo touted his anti-corruption fights as Attorney General and a private citizen as reasons for choosing Mr. Amidu, his one-time political adversary.
Nicholas Yaw Boafo Adade (1927–2013) was a former supreme court judge and Attorney General of the Republic of Ghana. He was the Attorney General of Ghana between 14 April 1969 to 1970 in the Busia government. He was also Member of Parliament for Asante Akim South constituency in the 2nd Ghanaian Republic.
William Anaam Atuguba is a former justice of the Supreme Court of Ghana.
Kwasi Anin-Yeboah is a Ghanaian judge and the immediate past Chief Justice of Ghana. In December 2019, President Nana Addo Dankwa Akufo-Addo nominated Justice Anin-Yeboah as the Chief Justice of Ghana.
Events in the year 2017 in Ghana.
Henrietta Joy Abena Nyarko Mensa-Bonsu, is a Supreme Court Judge of the Republic of Ghana. She was nominated by president Nana-Akufo-Addo. She is the 5th female member of the Court. Prior to her appointment to the Supreme Court, she was a Ghanaian law professor who served as a member of the United Nations Independent Panel On Peace Operations.
Her Ladyship JusticeGertrude Araba Esaaba Sackey Torkornoo is a Ghanaian judge. She was nominated to the Supreme Court in November 2019 and received parliamentary approval in December 2019. She was sworn in on 17 December 2019. She was nominated to the office of Chief Justice in April 2023 to replace Justice Kwasi Anin-Yeboah who retired as Chief Justice on May 24, 2023. She was sworn into office as the 15th Chief Justice of Ghana on 12 June 2023.
Julius Ansah is a Ghanaian judge who served as a Justice of the Supreme Court of Ghana from 2004 to 2020.
Issifu Omoro Tanko Amadu is a Supreme Court judge of the Republic of Ghana. He was appointed the Justice of the High Court between 2008 and 2012. He became an Appeal court judge from 2012. He was nominated by the president Nana Akufo-Addo. He is the first Muslim to serve on Ghana's Supreme Court.
Clemence Jackson Honyenuga was a Ghanaian judge. He is an active Justice of the Supreme Court of Ghana from 22 May 2020 until 4 September 2022.
Anthony Henry Kwofie is a Ghanaian judge, an active justice of the Supreme Court of Ghana and president of the Association of Magistrates and Justices of Ghana.
Yaw Darko Asare is a Ghanaian jurist and an active justice of the Supreme Court of Ghana.
The Supreme Court shall consist of the Chief Justice and not less than nine other Justices of the Supreme Court.