Supreme Court of Ghana

Supreme Court of Ghana
Court name	Supreme Court of Ghana
Caption	Coat of arms of Ghana
Established	0 1876 (as Supreme Court of the Gold Coast)
Country	Ghana
Location	Accra
Authority	1992 Constitution
Terms	Mandatory retirement at age 70
Positions	15 (including the Chief Justice)
Chiefjudgename	Gertrude Torkornoo
Termstart	2023
Website	https://www.judicial.gov.gh/

Supreme Court of Ghana. The Supreme Court of Ghana is the highest judicial body in the Republic of Ghana and the final court of appeal and constitutional interpretation. Established under the Fourth Republican Constitution, it sits in the Law Court Complex in Accra and is headed by the Chief Justice of Ghana. The court's rulings are binding on all other courts and its primary function is to uphold the constitution and ensure the proper administration of justice.

History

The origins of the Supreme Court of Ghana trace back to the colonial-era Supreme Court of the Gold Coast, established by the British Empire in 1876 under the Supreme Court Ordinance. Following Ghana's independence in 1957, the court was reconstituted under the 1957 Constitution. The judicial system underwent significant changes after the 1966 Ghanaian coup d'état, with the National Liberation Council suspending the constitution. The modern court was firmly established by the 1992 Constitution of Ghana, which was promulgated after approval in the 1992 Ghanaian constitutional referendum. Key historical milestones include its role in adjudicating disputes following the 2008 Ghanaian general election and the 2012 Ghanaian general election.

Composition and structure

The Supreme Court is composed of the Chief Justice of Ghana and no fewer than nine other Justices. The current maximum, as set by Parliament, is fifteen members. The court operates in panels, typically consisting of five, seven, or nine justices, depending on the nature and significance of the case. A single justice may hear interlocutory applications. The administrative functions of the court are managed by the Judicial Service of Ghana, headed by the Judicial Secretary. The court's sessions are held in the Supreme Court Building within the Law Court Complex.

Jurisdiction and powers

The court possesses extensive original, appellate, and supervisory jurisdiction as outlined in Article 130 of the Constitution of Ghana. Its exclusive original jurisdiction encompasses the interpretation and enforcement of the Constitution of Ghana, including cases alleging a violation of constitutional provisions. It serves as the final court of appeal from the Court of Appeal, the High Court, and other lower courts. The Supreme Court also has supervisory jurisdiction over all other courts and any adjudicating authority, empowered to issue orders and directions to ensure the proper execution of justice. Furthermore, it holds the power of judicial review, allowing it to declare any act of Parliament or actions of the Executive unconstitutional.

Notable cases and decisions

The court has presided over several landmark cases that have shaped Ghanaian law and governance. In the case of *J. H. Mensah v. Attorney-General*, it established key principles on parliamentary procedure. The presidential election petition, *Nana Akufo-Addo v. John Mahama* (2013), following the 2012 Ghanaian general election, was a historic moment for African democracy, broadcast live across the nation. More recently, the court adjudicated the petition *John Mahama v. Electoral Commission & Nana Akufo-Addo* (2021) challenging the outcome of the 2020 Ghanaian general election. Other significant rulings include cases involving the rights of the LGBT community and disputes over the creation of new administrative regions.

Appointment and tenure of justices

Justices of the Supreme Court are appointed by the President of Ghana, acting on the advice of the Judicial Council of Ghana and in consultation with the Council of State. The appointment of the Chief Justice of Ghana requires prior approval by the Parliament of Ghana. To be eligible, a person must have at least fifteen years of experience as a lawyer and be of high moral character and proven integrity. Justices hold office until they attain the compulsory retirement age of seventy years, as stipulated by the constitution. They can only be removed from office for stated misbehavior or incompetence, following a process initiated by the President of Ghana and approved by a two-thirds majority of Parliament of Ghana.

Relationship with other courts

The Supreme Court stands at the apex of the Judiciary of Ghana, exercising supervisory authority over all inferior courts. Directly beneath it is the Court of Appeal, which hears appeals from the High Court and other specialized tribunals. The High Court itself has oversight over the Circuit Courts and District Courts. The Supreme Court's decisions are binding on all these lower courts and tribunals, including specialized bodies like the National Labour Commission. This hierarchical structure ensures uniformity in the application of the law across the Judicial Service of Ghana.

Category:Supreme courts Category:National supreme courts Category:Government of Ghana Category:1876 establishments in the Gold Coast (British colony)