World Diplomatic Guide - Ghana: and Trade Development News

The Judiciary

MISSION STATEMENT OF JUDICIAL SERVICE

The Judiciary is the third arm of government empowered by the constitution and the laws of the Republic of Ghana, autonomous and vested with the Judicial Power of the nation. It has the sole responsibility of interpreting the Constitution and laws, administering justice and providing other related services. The Judicial Service as a Public Service Institution is the organ responsible for the day to day administration of the Courts and Tribunals of the land.

In fulfilment of this mandate, the Judiciary under the authority of the Chief Justice intends to;

Uphold the independence of the Judiciary,
Show commitment to the true and proper interpretation of the Constitution and laws of Ghana
Ensure the speedy and unfettered administration of Justice brought to the door step of the people and the provision of other services for all manner of persons, groups and institutions without fear or favour and
Maintain a high standard of efficiency in the delivery of justice.

In this endeavour, the Chief Justice counts on all citizens of Ghana, institutions and organizations in Ghana and all men and women of goodwill throughout the world to assist in providing an enabling environment for the efficient discharge of the duties of the Judicial Service to make the rule of law and democracy thrive in Ghana thereby contributing to its total development.

The Judiciary shall consist of

The Superior Courts of Judicature comprising
(i) The Supreme Court;
(ii) The Court of Appeal; and
(iii) The High Court and Regional Tribunals.

According to the constitution, the Supreme Court shall consist of the Chief Justice and not less than nine other Justices of the Supreme Court. At present, the Supreme Court of Ghana, which consists of the Chief Justice and ten other Justices, is the final court of appeal and has jurisdiction over matters relating to the enforcement or the interpretation of constitutional law.

Chief Justice: Her Ladyship Mrs Georgina Wood

The Court of Appeal, which includes the chief justice and not fewer than ten other judges, has jurisdiction to hear and to determine appeals from any judgment, decree, or High Court of Justice order.

The High Court of Justice, which consists of the chief justice and not fewer than twenty other justices, and such other Justice of the Superior Court of Judicature as the Chief Justice may, by writing signed by him, request to sit as High Court Justice for any period. The high court has jurisdiction in all matters, civil and criminal, other than those involving treason.

Lower Courts: Such lower courts or tribunals as Parliament may by law establish.

Regional Tribunals shall consist of the Chief Justice, one Chairman and such members who may or may not be lawyers as shall designated by the Chief Justice to sit as panel members of a Regional Tribunal and for such period as shall be specified in writing by the Chief Justice.

Director of Public Prosecutions: Mr Osafo Sampong

The Judicial Council
There shall be Judicial Council, which shall comprise the following persons

The Chief Justice who shall be Chairman;
The Attorney-General;
A Justice of the Supreme Court nominated by the Justices of the Supreme Court;
A Justice of the Court of Appeal nominated by the Justices of the Court of Appeal;
A Justice of the High court nominated by the Justices of the High Court;
Two representatives of the Ghana Bar Association one of whom shall be a person of not less than twelve years' standing as a lawyer.
A representative of the Chairmen of Regional Tribunals nominated by the Chairmen;
A representative of the lower courts or tribunals;
The Judge Advocate-General of the Ghana Armed Forces;
The Head of the Legal Directorate of the Police Service;
The Editor of the Ghana Law Reports;
A representative of the Judicial Service Staff Association nominated by the Association;
A chief nominated by the National House of Chiefs; and
Four other persons who are not lawyers appointed by the President

The functions of the Judicial Council are

To propose for the consideration of Government, judicial reforms to improve the level of administration of justice and efficiency in the Judiciary;
To be a forum for consideration and discussion of matters relating to the discharge of the functions of the Judiciary and thereby assist the Chief Justice in the performance of his duties with a view to ensuring efficiency and effective realization of justice; and
To perform any other functions conferred on it by or under this Constitution or any other law not inconsistent with this Constitution.

The Attorney - General
Under the Constitution of Ghana, there is an Attorney-General of Ghana who is a Minister of State and the principal legal adviser to the Government.
(2) The Attorney-General discharges such other duties of a legal nature as may be referred or assigned to him by the President, or imposed on him by the Constitution or any other law.
(3) The Attorney-General is responsible for the initiation and conduct of all prosecutions of criminal offences.
(4) All offences prosecuted in the name of the Republic of Ghana is at the suit of the Attorney-General or any other person authorised by him in accordance with any law.
(5) The Attorney-General is responsible for the institution and conduct of all civil cases on behalf of the State; and all civil proceedings against the State shall be instituted against the Attorney-General as defendant.
(6) The Attorney-General has audience in all courts in Ghana.