DOCSLIB.ORG

The Role of the Supreme Court in the Development of Constitutional Law in Ghana

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

THE ROLE OF THE SUPREME COURT IN THE DEVELOPMENT OF CONSTITUTIONAL LAW IN GHANA by SETH YEBOA BIMPONG-BUTA i THE ROLE OF THE SUPREME COURT IN THE DEVELOPMENT OF CONSTITUTIONAL LAW IN GHANA by SETH YEBOA BIMPONG-BUTA Submitted in accordance with the requirements for the degree of DOCTOR OF LAW – LLD at the UNIVERSITY OF SOUTH AFRICA PROMOTER PROFESSOR B P WANDA 1 February 2005 ii ABSTRACT The Theme running through this Dissertation is intended to prove that the Supreme Court has a role to play in the promotion, enforcement and sustenance of a proper democratic system of government, good governance and fundamental human rights and freedoms in Ghana. The Study would therefore address the role of the Supreme Court in the development of Constitutional Law in Ghana, with particular emphasis on the court’s contribution to the underlying concepts of the Fourth Republican Constitution of 1992; the guiding principles of constitutional interpretation and the vexed issue of whether the court should adopt a mechanical and literal approach to the interpretation of the Constitution or adopt a liberal, beneficent and purposive approach. The Supreme Court has asserted in the locus classicus decision: Tuffuor v Attorney-General [1980] GLR 637 that the 1979 Constitution as the supreme law, must be construed as a living political document capable of growth. Is there any evidence now to support that claim? The study shall also investigate the question of the power of the Supreme Court to review legislative and executive action. We shall also examine the role of the Supreme Court in the interpretation and enforcement of the Constitution and Fundamental Human Rights and Freedoms in relation to the rights and obligations of the individual and the State with the view to achieving good governance. The 1992 Constitution itself is founded on the premise that there are limitations to the enjoyment of fundamental human rights and freedoms. What is the extent of such limitations as determined by the Supreme Court? What has been the Supreme Court’s contribution to the sustenance of political stability and democratic governance and, especially, in matters relating to coup d’etats and to enforcement of the Constitution itself as distinct from the enforcement of fundamental human rights and freedoms? Has the Supreme Court power to enforce the Constitution and the existing law where there is proven case of injustice and illegality? Has the Supreme Court power to enforce Directive Principles of State Policy as formulated in chapter 6 of the 1992 Ghana Constitution? TITLE OF THE THESIS THE ROLE OF THE SUPREME COURT IN THE DEVELOPMENT OF CONSTITUTIONAL LAW IN GHANA Key terms: Meaning of Constitutional Law; importance and meaning of democracy and good governance; Underlying concepts of the Fourth Republican Constitution of 1992; Supreme Court and guiding principles of constitutional interpretation; Supreme Court and judicial review of legislative and executive action; Supreme Court and interpretation or enforcement of fundamental human rights and freedoms; limitations on enjoyment of fundamental human rights and freedoms; jurisdiction of the Supreme Court in interpretation or enforcement of the Constitution; principles pertaining to the enforcement of the Constitution. iii TABLE OF C O N T E N T S Page Abstract iii Table of cases xvii Table of enactments xxii Table of abbreviations xii Bibliography xxvi Acknowledgments xiv CHAPTER I: GENERAL INTRODUCTION AND CENTRAL THEME OF THE DISSERTATION 1 (i) Statement of the central theme 1 (ii) Meaning of constitutional law 6 (iii) Importance and meaning of democracy and good governance .. .. 10 (iv) Different meanings of democracy .. .. 12 (v) Meaning of good governance .. .. 16 (vi) Methodology, work division and scope of the dissertation .. 19 (vii) Conclusion .. .. 20 CHAPTER II: HISTORICAL BACKGROUND: CONSTITUTIONAL EVOLUTION AND THE LEGAL SYSTEM IN GHANA .. 25 PART A: CONSTITUTIONAL EVOLUTION IN GHANA .. 25 iv PART B: GHANA LEGAL SYSTEM 33 (i) Sources of Law .. .. 33 (ii) The judicial system in Ghana (the past and present) .. 41 (iii) Independence of the judiciary .. .. 48 (iv) Composition of the Supreme Court .. .. 56 (v) Qualifications for appointment as Chief Justice or Justice of the Supreme Court .. .. 65 (vi) Jurisdiction of the Supreme Court .. .. 67 (a) appellate jurisdiction .. .. 68 (b) review jurisdiction .. .. 69 (c) jurisdiction relating to official documents .. 72 Conclusion .. .. 72 CHAPTER III: THE UNDERLYING CONCEPTS OF THE CONSTITUTION, 1992 73 (i) Introduction .. .. 73 (ii) Supremacy of the Constitution .. .. 74 (iii) Doctrine of separation of powers .. .. 101 (iv) Doctrine of non-justiciable political question .. 109 (v) Doctrine of mootness .. .. 136 (vi) Conclusion .. .. 147 CHAPTER IV: THE SUPREME COURT AND THE INTERPRETATION OF THE CONSTITUTION 149 Introduction 149 Rules applicable in construing a national constitution: 155 (i) general principles of constitutional interpretation 155 (ii) need for benevolent, broad, liberal and purposive construction of a national document 159 (iii) benevolent construction on provisions on the right to vote 166 v (iv) national constitution to be viewed as a document sui generis to be construed not necessarily according to ordinary rules and presumptions of statutory interpretation .. 169 (v) National constitution to be construed as political document capable of growth .. 184 (vi) Role of Directive Principles of State Policy as tool for constitutional interpretation 187 (vii) Role of the spirit of the Constitution as a tool for interpretation 189 Conclusion .. .. 202 CHAPTER V: THE SUPREME COURT AND THE POWER OF JUDICIAL REVIEW OF LEGISLATIVE ACTION 206 (i) general introduction 206 (ii) Ambit of judicial review of legislative action 208 (a) introduction .. .. 208 (b) examination of ambit of judicial review of legislative action 210 (iii) Ouster clauses and judicial review of legislative action 227 (a) introduction .. .. 227 (b) the indemnity clause in section 34(3) and 36(2) of the transitional provisions .. .. 228 (iv) Legality of coup d’etats and judicial review of legislative action 244 (a) introduction .. .. 244 (b) examination of the issue of the legality of a coup d’etat 244 (v) Constitutionality of the Fast Track High Court 258 (a) introduction .. .. 258 (b) creation and purpose of the Fast Track High Court 259 (c) the facts and central issue for determination .. 261 (d) determination of the central issue .. 263 vi (e) application for a review of the majority decision 274 (f) crucial issue for determination in review application 278 (g) rationalization of the ordinary and review bench decisions in the Tsatsu Tsikata case .. 284 (vi) Conclusion 286 CHAPTER VI: THE SUPREME COURT AND THE POWER OF JUDICIAL REVIEW OF EXECUTIVE ACTION 287 (i) Introduction 287 (ii) The Supreme Court and challenge to executive action relating to compulsory retirement of public officers 288 (a) introduction .. .. 288 (b) the facts and issue in Yovuyibor case .. 291 (c) can the decision in Yovuyibor case .. 292 (d) can the decision in Yovuyibor case be supported 295 (iii) Challenge to executive action relating to local government administration 305 (a) introduction .. .. 305 (b) examination of cases relating to local government administration .. .. 306 (iv) Can the President be sued personally in the exercise of executive functions? 309 (a) introduction .. .. 309 (b) examination of the question whether the President amenable to court proceedings .. 310 (c) reasoning for the majority and minority opinions in NPP v President Rawlings .. .. 311 (d) rationalization of the majority and minority opinions on the vexed issue whether or not the President can be sued personally sued .. .. 325 (v) Conclusion .. .. 328 vii CHAPTER VII: THE SUPREME COURT AND THE ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS 330 Introduction 330 PART A 1. Historical background to enjoyment of fundamental human rights and freedoms 331 2. Enjoyment of fundamental human rights before the coming into force of Constitution, 1992 339 3. Enjoyment of fundamental human rights under the Constitution, 1992 346 (i) jurisdiction to enforce fundamental human rights .. 346 (ii) rights declared as constituting fundamental human rights and freedoms .. 347 4. Fundamental human rights distinguished from Directive Principles of State Policy 348 PART B 1. General Fundamental Human Rights and Freedoms 354 (i) Right to or protection of personal liberty (a) limitations to enjoyment of personal liberty 354 (b) right of person arrested for committing or about to commit a criminal offence to a fair trial within a reasonable time 355 (c) right of a person actually charged before a court to a fair hearing within a reasonable time .. 362 (d) right of a person charged not to be tried in absentia 363 (e) no conviction for a criminal offence unless the offence is defined and penalty prescribed 365 (f) the right of a person charged to be informed immediately viii as to nature of offence in a language he understands 372 (g) right of an accused person to be given reasons by trial court for his conviction for a criminal offence 374 (ii) Observance and enjoyment of administrative justice as a fundamental human right .. 378 (iii) Freedom of assembly and the right to demonstrate 383 (iv) Freedom of association including freedom to form and join trade unions 391 (v) Freedom of speech and expression, including freedom of the press and other media 398 (a) introduction 398 (b) nature of freedom of expression 399 (c) meaning of freedom of expression
Recommended publications
  • Doing Business Guide in EMEIA: Payroll Operations

    Doing Business Guide in EMEIA: Payroll Operations

    Payroll Operations in Europe, the Middle East, India and Africa — essential compliance and reporting considerations Introduction This booklet contains market-by-market newly established, stand-alone guidance1 on key HR payroll matters to operations. Where the EMEIA operation be considered as you expand your is a regional headquarters or a holding operations across EMEIA. company for foreign subsidiaries, or if In our experience, careful consideration there are existing operations in EMEIA, of these matters at the outset is the other considerations must be taken into most effective way of avoiding any account. issues and ensuring an optimal setup In all situations, we recommend that you structure of your business and seek specific professional advice from employees in new EMEIA markets. the contacts listed in each chapter. They This booklet is general in nature and not will take into consideration your specific to be relied on as professional advice. circumstances and objectives. Furthermore, the chapters focus on NB: This guide will work best with Adobe Acrobat Pro. 1 This information was compiled in July 2019. 2 Payroll Operations in Europe, the Middle East, India and Africa — essential compliance and reporting considerations EY contacts Payroll Operate Services Sheri Sullivan Michael Van Den Brand EY Global Payroll Operate Leader EY EMEIA Payroll Operate Leader T: +17168435050 T: +34 933 666 340 E: [email protected] E: [email protected] Country Payroll leader Email address Armenia Kamo Karapetyan [email protected]
  • Fair Measure of the Right to Vote: a Comparative Perspective on Voting Rights Enforcement in a Maturing Democracy

    Fair Measure of the Right to Vote: a Comparative Perspective on Voting Rights Enforcement in a Maturing Democracy

    SCHOOL OF LAW LEGAL STUDIES RESEARCH PAPER SERIES PAPER #10-0186 JUNE 2010 FAIR MEASURE OF THE RIGHT TO VOTE: A COMPARATIVE PERSPECTIVE ON VOTING RIGHTS ENFORCEMENT IN A MATURING DEMOCRACY JANAI S. NELSON EMAIL COMMENTS TO: [email protected] ST. JOHN’S UNIVERSITY SCHOOL OF LAW 8000 UTOPIA PARKWAY QUEENS, NY 11439 This paper can be downloaded without charge at: The Social Science Research Network Electronic Paper Collection http://ssrn.com/abstract=1628798 DO NOT CITE OR CIRCULATE WITHOUT WRITTEN PERMISSION OF AUTHOR ———————————————————————————————————— FAIR MEASURE OF THE RIGHT TO VOTE ———————————————————————————————————— Fair Measure of the Right to Vote: A Comparative Perspective on Voting Rights Enforcement in a Maturing Democracy Janai S. Nelson ABSTRACT Fair measure of a constitutional norm requires that we consider whether the scope of the norm can be broader than its enforcement. This query is usually answered in one of two ways: some constitutional theorists argue that the scope and enforcement of the norm are co-terminous, while others argue that the norm maintains its original scope and breadth even if it is underenforced. This Article examines the right to vote when it exists as a constitutional norm and is underenforced by both judicial and non-judicial actors. First, I adopt the position that the scope and meaning of a constitutional norm can be greater than its enforcement. Second, I rely on the argument that underenforcement results not only from judicial underenforcement but also from underenforcement by the legislative and administrative actors that are obligated to enforce constitutional norms to the fullest extent. By employing these two principles, this Article analyzes the underenforcement of the right to vote that has evaded the force of some of the most liberal contemporary constitutions.
  • Incentive Based Collection of E-Waste in Ghana

    Incentive Based Collection of E-Waste in Ghana

    Incentive Based Collection of E-Waste in Ghana Findings from the pilot incentive system for waste cables from March 2018 to August 2019 Incentive based collection of e-waste in Ghana | As a federally owned enterprise, GIZ supports the German Government in achieving its objectives in the field of international cooperation for sustainable development. Published by: Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH P.O. Box KA 9698 7 Volta Street Airport Residential Area Accra I Ghana T +233-302-760-448 F +233-302-777-375 E [email protected] I www.giz.de Programme/project description: Environmentally Sound Disposal and Recycling of E-waste in Ghana (E-Waste project) Airport Residential Area Accra – Ghana Head of Programme: Markus Spitzbart https://www.giz.de/en/worldwide/63039.html Author: Andreas Manhart (Oeko-Institut e.V.), Freiburg, Germany Bennett Akuffo (GreenAd), Accra, Ghana Kweku Attafuah-Wadee (GreenAd), Accra, Ghana Sampson Atiemo (MRI), Accra, Ghana Alexander Batteiger (GIZ), Accra, Ghana Johanna Jacobs (Oeko-Institut e.V.), Freiburg, Germany Nana Osei (GreenAd), Accra, Ghana Editor: Alexander Batteiger, (GIZ), Accra, Ghana Design/Layout: Jude Agboada (Peps Springs), Accra Photo credits/sources: Main text: Source given next to image Cover Pager: First four rows (GIZ/Veronika Johannes); lowest row left to right (GIZ/ Markus Spitzbart, GIZ/Alexander Batteiger, GreenAD, City Waste Recycling) 2 | Incentive based collection of e-waste in Ghana URL links: This publication contains links to external websites. Responsibility for the content of the listed external sites always lies with their respective publishers. When the links to these sites were first posted, GIZ checked the third-party content to establish whether it could give rise to civil or criminal liability.
  • The Appointment, Tenure and Removal of Judges Under Commonwealth

    The Appointment, Tenure and Removal of Judges Under Commonwealth

    The The Appointment, Tenure and Removal of Judges under Commonwealth Principles Appoin An independent, impartial and competent judiciary is essential to the rule tmen of law. This study considers the legal frameworks used to achieve this and examines trends in the 53 member states of the Commonwealth. It asks: t, Te ! who should appoint judges and by what process? nur The Appointment, Tenure ! what should be the duration of judicial tenure and how should judges’ remuneration be determined? e and and Removal of Judges ! what grounds justify the removal of a judge and who should carry out the necessary investigation and inquiries? Re mo under Commonwealth The study notes the increasing use of independent judicial appointment va commissions; the preference for permanent rather than fixed-term judicial l of Principles appointments; the fuller articulation of procedural safeguards necessary Judge to inquiries into judicial misconduct; and many other developments with implications for strengthening the rule of law. s A Compendium and Analysis under These findings form the basis for recommendations on best practice in giving effect to the Commonwealth Latimer House Principles (2003), the leading of Best Practice Commonwealth statement on the responsibilities and interactions of the three Co mmon main branches of government. we This research was commissioned by the Commonwealth Secretariat, and undertaken and alth produced independently by the Bingham Centre for the Rule of Law. The Centre is part of the British Institute of International and
  • The Role and Future of Customary Tort Law in Ghana: a Cross-Cultural Perspective Julie A

    The Role and Future of Customary Tort Law in Ghana: a Cross-Cultural Perspective Julie A

    University of the Pacific Scholarly Commons McGeorge School of Law Scholarly Articles McGeorge School of Law Faculty Scholarship 2009 The Role and Future of Customary Tort Law in Ghana: A Cross-Cultural Perspective Julie A. Davies University of the Pacific, McGeorge School of Law, [email protected] Dominic N. Dagbanja Ghana School of Law Follow this and additional works at: https://scholarlycommons.pacific.edu/facultyarticles Part of the Comparative and Foreign Law Commons, and the Torts Commons Recommended Citation Julie A. Davies & Dominic N. Dagbanja, The Role and Future of Customary Tort Law in Ghana: A Cross-Cultural Perspective, 26 Ariz. J. Int'l & Comp. L. 303, 303–04 (2009). This Article is brought to you for free and open access by the McGeorge School of Law Faculty Scholarship at Scholarly Commons. It has been accepted for inclusion in McGeorge School of Law Scholarly Articles by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. THE ROLE AND FUTURE OF CUSTOMARY TORT LAW IN GHANA: A CROSS-CULTURAL PERSPECTIVE Julie A. Davies* & Dominic N. Dagbanja** I. INTRODUCTION Customary law, a set of established norms, practices, and usages derived from the lives of people,1 has thrived in Africa, and in Ghana in particular, for as long as anyone can remember. For many Ghanaians, the rules governing topics such as family law and social relations, succession, and certain dignitary torts are as necessary as air yet just as imperceptible. Indeed, customary law is embedded in and inseparable from the fundamental ethos and values of Ghanaian and other African societies.
  • Is Alternative Dispute Resolution a Solution to Interpersonal and Group Conflicts in West Africa? the Case of Ghana

    Is Alternative Dispute Resolution a Solution to Interpersonal and Group Conflicts in West Africa? the Case of Ghana

    University of Ghana http://ugspace.ug.edu.gh IS ALTERNATIVE DISPUTE RESOLUTION A SOLUTION TO INTERPERSONAL AND GROUP CONFLICTS IN WEST AFRICA? THE CASE OF GHANA BY JULIANA ABOKUMA EDZII 10381116 THIS DISSERTATION IS SUBMITTED TO THE UNIVERSITY OF GHANA, LEGON, IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE AWARD OF THE MASTER OF ARTS DEGREE IN INTERNATIONAL AFFAIRS LEGON JULY 2018 University of Ghana http://ugspace.ug.edu.gh DECLARATION I hereby declare that except for the references to other people’s work, which have been duly acknowledged, the study presented here was written by me, under the supervision of Dr. Ken Ahorsu. It is a record of my own research and has not been previously presented in any form whatsoever in any application for a Degree elsewhere. All sources of information collected and materials used have been duly acknowledged by means of references and bibliography. ……………………………… ……………………………… Juliana Abokuma Edzii Dr. Ken Ahorsu (Student) (Supervisor) DATE................................ DATE…………………… i University of Ghana http://ugspace.ug.edu.gh DEDICATION I dedicate this work to the Almighty God who has been my Deliverer and my Help in ages past. I also dedicate this work to my awesome parents for their undying support, love and care throughout my entire study period. ii University of Ghana http://ugspace.ug.edu.gh ACKNOWLEDGMENTS I am eternally grateful to God for sending me angels in the form of humans who assisted me through the rough and good times to ensure that I successfully completed the programme. I therefore acknowledge my ever welcoming and intelligent supervisor, Dr. Ken Ahorsu for his dedication, patience, advice and love throughout my research period.
  • Autocratic Courts in Africa by Fiona Feiang Shen-Bayh A

    Autocratic Courts in Africa by Fiona Feiang Shen-Bayh A

    Autocratic Courts in Africa By Fiona Feiang Shen-Bayh A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philsophy in Political Science in the Graduate Division of the University of California, Berkeley Committee in charge: Professor Leonardo Arriola, Chair Assistant Professor Aila Matanock Professor T.J. Pempel Professor Jason Wittenberg Professor Saira Mohamed Spring 2018 Abstract Autocratic Courts in Africa by Fiona Feiang Shen-Bayh Doctor of Philosophy in Political Science University of California, Berkeley Professor Leonardo Arriola, Chair This dissertation examines how judicial institutions in sub-Saharan Africa were used to both legitimize repression and maintain autocratic survival during the postcolonial period, as well as the enduring legacies of these tactics on post-autocratic rule of law. When autocrats turn to courts, these moves are often heralded as signs of democratic opening. However, courts can also become forums of repression, where political rivals are criminally prosecuted for anti-regime behavior. Despite these trends, courts remain relatively understudied in repression research. In fact, conventional definitions of repression are almost exclusively extrajudicial, defined as the arbitrary use of coercive violence to threaten or intimidate its target. While a separate scholarship on authoritarian judiciaries draws attention to the autocratic functions of law and order, these findings tend to be disconnected from research on repression. This has limited theory-building on how and why courts are used to contain democratic dissent. To analyze the politicization of courts in comparative and historical perspective, I develop a theoretical framework that extends beyond conventional notions of judicial independence, re- conceptualizing judicial power along the following three dimensions: jurisdiction, function, and compliance.
  • University of Cape Coast Organising and Decent Work Conditions Among

    University of Cape Coast Organising and Decent Work Conditions Among

    © University of Cape Coast https://erl.ucc.edu.gh/jspui UNIVERSITY OF CAPE COAST ORGANISING AND DECENT WORK CONDITIONS AMONG INFORMAL STONE QUARRY WORKERS IN GHANA MOSES SEGBENYA 2019 Digitized by Sam Jonah Library © University of Cape Coast https://erl.ucc.edu.gh/jspui ©Moses Segbenya University of Cape Coast ii Digitized by Sam Jonah Library © University of Cape Coast https://erl.ucc.edu.gh/jspui UNIVERSITY OF CAPE COAST ORGANISING AND DECENT WORK CONDITIONS AMONG INFORMAL STONE QUARRY WORKERS IN GHANA BY MOSES SEGBENYA Thesis submitted to the Department of Integrated Development Studies of the School for Development Studies, College of Humanities and Legal Studies, University of Cape Coast, in partial fulfillment of the requirements for the award of Doctor of Philosophy degree in Development Studies MAY 2019 ii Digitized by Sam Jonah Library © University of Cape Coast https://erl.ucc.edu.gh/jspui DECLARATION Candidate’s Declaration I hereby declare that this thesis is the result of my own original research and that no part of it has been presented for another degree in this university or elsewhere. Candidate’s Signature: …………………………. Date: ……………………. Name:…………………………………………………. Supervisors’ Declaration We hereby declare that the preparation and presentation of the thesis were supervised in accordance with the guidelines on supervision of thesis laid down by the University of Cape Coast. Principal Supervisor’s Signature: ……………… Date: ……………… Name:…………………………………………….. Co Supervisor’s Signature ……………………… Date: ……………… Name:………………………………………………. ii Digitized by Sam Jonah Library © University of Cape Coast https://erl.ucc.edu.gh/jspui ABSTRACT Informal workers as active agents could use collective identity as a means to achieve better working conditions for themselves.
  • World Factbook of Criminal Justice Systems

    World Factbook of Criminal Justice Systems

    WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS Ghana by Obi N.I. Ebbe State University of New York at Brockport This country report is one of many prepared for the World Factbook of Criminal Justice Systems under Grant No. 90-BJ-CX-0002 from the Bureau of Justice Statistics to the State University of New York at Albany. The project director for the World Factbook of Criminal Justice was Graeme R. Newman, but responsibility for the accuracy of the information contained in each report is that of the individual author. The contents of these reports do not necessarily reflect the views or policies of the Bureau of Justice Statistics or the U.S. Department of Justice. GENERAL OVERVIEW I. Political System. Ghana has a multi-party parliamentary government with an elected President who is both Chief of the executive branch and the Head of State. Ghana has a centralized government with local divisions in eleven regions. There is a single legislature in the country, consisting of the President and the National Assembly. Regional leaders report to the central government in the capital of Accra. The criminal justice system is centralized in that the government has control over the courts, prisons, judges, and police. The Chief Justice of the Supreme Court, the Inspector General of Police, and the Director of Prisons are all appointed by the government and serve the entire country. Ghana is a member of the organization for African Unity (OAU) and a member of Economic Community of West African States (ECOWAS). It joined the British commonwealth in 1960. 2.
  • Judging the Epidemic: a Judicial Handbook on HIV, Human Rights

    Judging the Epidemic: a Judicial Handbook on HIV, Human Rights

    Judging the epidemic A judicial handbook on HIV, human rights and the law UNAIDS / JC2497E (English original, May 2013) ISBN 978-92-9253-025-9 Copyright © 2013. Joint United Nations Programme on HIV/AIDS (UNAIDS). All rights reserved. Publications produced by UNAIDS can be obtained from the UNAIDS Information Production Unit. Reproduction of graphs, charts, maps and partial text is granted for educational, not-for-profit and commercial purposes as long as proper credit is granted to UNAIDS: UNAIDS + year. For photos, credit must appear as: UNAIDS/name of photographer + year. Reproduction permission or translation-related requests—whether for sale or for non-commercial distribution—should be addressed to the Information Production Unit by e-mail at: [email protected]. The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of UNAIDS concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. UNAIDS does not warrant that the information published in this publication is complete and correct and shall not be liable for any damages incurred as a result of its use. Unless otherwise indicated photographs used in this document are used for illustrative purposes only. Unless indicated, any person depicted in the document is a “model”, and use of the photograph does not indicate endorsement by the model of the content of this document nor is there any relation between the model and any of the topics covered in this document.
  • JUDICIAL SERVICE of GHANA ANNUAL REPORT 2013 | 2014 Table of Content

    JUDICIAL SERVICE of GHANA ANNUAL REPORT 2013 | 2014 Table of Content

    JUDICIAL SERVICE OF GHANA ANNUAL REPORT 2013 | 2014 Table of Content MESSAGE FROM THE HONOURABLE LADY CHIEF JUSTICE 4 THE JUDICIAL SERVICE OF GHANA 7 THE JUDICIAL COUNCIL 8 THE COURTS 9 1.1 Supreme Court 1.2 Court of Appeal 1.3 High Court 1.4 Fast Track Court 1.5 Commercial Division 1.6 Circuit Court 1.7 Domestic Violence Court 1.8 District Court 1.9 Juvenile Court 1.10 Motor Court 1.11 Court Administration DEPARTMENT REPORTS 2.1 Human Resource Department 18 2.2 Finance Department 19 2.3 Audit Department 25 2.4 Works Department 28 2.5 Information Communication Technology Department 30 2.6 Communications Department 30 2.7 Monitoring & Evaluation Department 33 Judicial Service of Ghana 2 Annual Report 2013/2014 SPECIAL UNITS 3.1 Judicial Training Institute (JTI) 38 3.2 Judicial Reforms and Projects Directorate 39 3.3 Public Complaints & Court Inspectorate Unit 44 3.4 ADR Directorate 46 ASSOCIATION 4.1 Association o Magistrates & Judges (AMJG) 51 LIST OF JUDGES 53 APPENDIX Appendix 1 Brief Statistics 59 Appendix 2 Statistics of the Supreme Court and Court of Appeal 60 Appendix 3 Statistics of the High Courts 62 Appendix 4 Statistics of the Circuit Courts 62 Appendix 2 Statistics of the District Courts 67 Judicial Service of Ghana 3 Annual Report 2013/2014 Message from the Hon. Lady Chief Justice There is a growing national re-awakening to the realisation that our best efforts would come to naught if our individual and collective actions are not underpinned by integrity. I trust that we in the Judiciary and the Judicial Service will re-dedicate ourselves to this ennobling and enduring judicial virtue in our desire to render justice to all those who access the courts.
  • In the Superior Court of Judicature in the Supreme Court of Ghana Accra, 2011

    In the Superior Court of Judicature in the Supreme Court of Ghana Accra, 2011

    IN THE SUPERIOR COURT OF JUDICATURE IN THE SUPREME COURT OF GHANA ACCRA, 2011 CORAM: ATUGUBA JSC (PRESIDING) AKUFFO,(MS.) JSC BROBBEY JSC ADINYIRA (MRS) JSC OWUSU (MS) JSC DOTSE JSC BAFFOE-BONNIE JSC ARYEETEY JSC AKOTO-BAMFO,(MRS.),JSC WRIT J1 / 4 / 2010 10TH NOVEMBER,2011 1. MR. SAMUEL OKUDZETO ABLAKWA PLAINTIFFS 2. DR. EDWARD KOFI OMANE BOAMAH VRS 1. THE ATTORNEY-GENERAL 2. HON. JAKE OTANKA OBETSEBI-LAMPTEY DEFENDANTS 1 R U L I N G ------------------------------------------------------------------------------------------------------------- ATUGUBA, J.S.C: By their amended writ dated 30/7/2010 the plaintiffs claim before this court as follows: “1. A declaration that, by virtue of Articles 20(5) & (6), 23, 257, 258, 265, 284 and 296 of the Constitution of the Republic of Ghana, 1992, the Minister for Water Resources, Works and Housing in the previous Government of His Excellency, President J.A. Kufuor, did not have the power to direct the sale, disposal or transfer of any Government or public land to the 2nd Defendant or any other person or body under any circumstances whatsoever, and that any such direction for the disposal, sale or outright transfer of the said property in dispute or any public land to the 2nd Defendant was unconstitutional and illegal. 2. A declaration, by virtue of Articles 20(5), 23, 257, 258, 265, 284 and 296 of the Constitution of the Republic of Ghana, 1992, the Government of Ghana is obliged to retain and continue to use in the public interest the property compulsorily acquired for public purpose the parcel of land designated as Parcel No.