One can’t talk about the Ghanaian court system without touching on Ghana’s legal system. Ghana’s legal
system was built on a foundation of received Anglo-Saxon common law, statutory law and other documents
like those proclaiming the legal existence of various military regimes. In addition to these received and
imposed law, there is an enduring body of largely unwritten customary usages and practices that still are a
contextual feature of modern legal system of ghana. Summing these together, we can say that Ghana
practices legal pluralism.
That being said, lets briefly look at the history and evolution of the court system in ghana.
Lets see the pre-independence court system
When the dutch transferred all their forts in 1859 and 1872 after years of war with the british, the british
administration was set, making ghana one of the first territories outside England to benefit from English
reforms brought about by the Judicature Acts of 1873-75 structure of court system. Introduction of the
supreme court ordinance 1876 lead to the establishment of the Divisional and District Conunissioners courts
established as lower tier of supreme court. The court system was divided two with one administering the
customary law and the other administering british law. Where the native courts staffed with chiefs and
counsellors were responsible for administering customary law, the judicial council headed by the governors
administered british law.
Post independence saw few changes to our court system with the abolishing of the supreme court by the
NLC, NRC. IT WAS RESTABLISHED in the 1969 constitution. The PNDC law 198 1 continued the
existence of the courts with the same power, duties and functions as before but at the same time established
independent tribunals.
Presently, increased population and rapidly expanding central and local government regulation of life and
business clearly require more courts and arbitral or dispute settlement institutions. There are currently 5
levels of courts: district courts, circuit courts, High Court, Court of Appeal, and Supreme Court A 3-tiered
appeals system exists within this 5-rung ladder, from the inferior courts to the High Court, and from the
High Court to the Court of Appeal, and from the Court of Appeal to the Supreme Court.
TODAY
The equality of all persons before the law and their freedom to enforce their rights and liberties in a Court
of Law is guaranteed under the Constitution. The independence of the Judiciary from the Executive and the
Legislature is entrenched in the Constitution.
The Judiciary is the branch of government given authority to interpret, apply and enforce the laws of Ghana.
The Judiciary shall be made up of the Supreme Court, the Court of Appeal, High Court and Regional
Tribunals and such Lower Courts and Tribunals as Parliament may establish and shall have the Chief Justice
as the Head, who shall be responsible for its administration and supervision.The amendment of the Courts
Act (Act 620) 2002 abolishes community and Curcuit Trabunals and re-establish the Curcuit and Magistrate
Courts
The Supreme Court is given power as the highest authority to interpret the Constitution and shall have final
auth6rity to say what the law is including determining whether any acts of Parliament or the President is in
violation with the Constitution. The High Court shall also have the power to enforce the Fundamental
Human Rights and Freedoms under the Constitution.
All citizens as guardians of the Constitution have the right and unimpeded access to the Courts to challenge
any acts of the President, Parliament or any other body public or private which are inconsistent with the
provisions of the Constitution.
In furtherance of the principle of Independence of the Judiciary, the administration of Judiciary shall be
independent of executive control and the institution of public and customary tribunal approved by
Parliament.
The Court of Appeal shall also have jurisdiction (a) to hear appeals from any judgment of a Circuit Court
in a civil cause or matter; and (b) in any matter in which jurisdiction is conferred on the Court under any
other enactment.
Subject to the provisions of the Constitution, the High Court shall have- (a) an originall jurisdiction in all
matters (b) appellate jurisdiction in a judgment of the Circuit Court in the trial of a criminal case;(c)
appellate jurisdiction in any judgment of a District Court or Juvenile Court; (d) jurisdiction to enforce the
Fundamental Human Rights and Freedoms guaranteed by the Constitution; and (e) any other jurisdiction
conferred by the Constitution, this Act or any other enactment.
The following are by Act 620 established as the lower courts of the country-(a) Circuit Courts; (b) District
Courts; (c) Juvenile Courts) the National House of Chiefs, Regional Houses of Chiefs and every Traditional
Council, in respect of the jurisdiction of any such House or Council to adjudicate over any cause or matter
affecting chieftaincy; and(e)such other lower courts as Parliament may by law establish.
Lawyers holding office as Chairmen of Circuit Tribunals and Community Tribunals immediately before
the commencement of this Act shall on the coming into force of this Act, hold office as Circuit Court Judges
or District Court Magistrates respectively.
The provisions of this Act shall apply notwithstanding anything to the contrary in the principal enactment
or any other enactment