SUPERIOR COURTS
SUPREME COURT
The Supreme Court is the highest court in Ghana. It is created under Article 128 of the Constitution. By law, the minimum composition of the Supreme Court is the Chief Justice and at least nine (9) other Justices of the Supreme Court. However, in the performance or discharge of its functions, the law is that the Supreme Court shall duly constituted for its work by not less than five (5) Justices at a regular sitting, seven (7) Justices for review and nine (9) or more in Constitutional matters. The Supreme Court is therefore the Constitutional Court of Ghana in that sense.
It must be added that in some appropriate cases, the Constitution allows a single Justice to sit as the Court.
The Supreme Court exercises the following jurisdictions:
- Original Jurisdiction: Under Article 130 of the Constitution, the Supreme Court has original jurisdiction in matters relating to the interpretation and enforcement of the Constitution. It also determines whether an enactment or any law made in Ghana was made in excess of the powers conferred on Parliament or any other authority or body. Normally, when such laws are declared to be inconsistent with the provisions of the Constitution, they are declared as null and void and struck down.
- Exclusive jurisdiction: Supreme Court has exclusive jurisdiction to hear appeals from persons convicted for treason and high treason. It also has the final jurisdiction to hear appeals from the National House of Chiefs in causes or matters affecting chieftaincy and maintains the exclusive jurisdiction to hear and determine Presidential election Petitions.
- Supervisory Jurisdiction: The Constitution under Article 132 gives the Supreme Court supervisory jurisdiction over all the courts in Ghana. That means the Supreme Court supervises all courts in Ghana, including the Court of Appeal. This power enables the Supreme Court to quash any orders or decisions of the courts below through Judicial Review-Mandamus, Prohibition, Quo Warranto etc (collectively knows Prerogative Writs).
- The Supreme Court under Article 135, has the jurisdiction to determine whether or not an official document should be produced in court, especially if the document is suggested or seen to have implications for national security.
QUALIFICATION TO SIT AS A JUSTICE OF THE SUPREME COURT
Under the Article 128 (4) of the Constitution, for a person to qualify to be appointed to sit on the Supreme Court, that person must have high moral character, proven integrity and with not less than fifteen (15 )years standing at the Bar.
COURT OF APPEAL
The second most important and powerful court in Ghana after the Supreme Court is the Court of Appeal. By the literal reading of its name, the court of appeal strictly sit to hear appeals from courts below. Stated differently, the Court of Appeal has no original jurisdiction, which means that one cannot commence a fresh action either by a Writ, or a petition or an originating motion on notice, at the Court of Appeal. In terms of its appellate jurisdiction, the following are some of them:
- The Court of Appeal hears all appeals from the decisions of the High Courts and only civil appeals from the Circuit Court. Criminal appeals from the Circuit Court go to the High Courts.
- The Court of Appeal is the final appellate court in Parliamentary election disputes. It means that for disputes concerning Parliamentary elections in Ghana, the decision of the Court of Appeal is final and one cannot appeal to the Supreme Court.
The Court of Appeal sits with a panel of three Justices of Appeal, with the senior Justice presiding during hearings.
Per Article 136 (3) of the Constitution, for a person to qualify to be appointed to sit on the Court of Appeal, that person must have high moral character, proven integrity and with not less than twelve (12) years standing at the Bar.
HIGH COURT
The High Court is duly constituted for its work by a single Justice, who may sit with jurors or aid of assessors, as required under law. However, in cases involving the offence of treason or high treason, the High Court sits with three Justices of the High Court.
In terms of qualifications, a person must have high moral character, proven integrity and with not less than ten (10) years standing at the Bar.
The High Court exercises the following jurisdictions:
- Original Jurisdiction: The High Court has original jurisdiction in all matters, in particular in civil and criminal matters, unless expressly stated by the Constitution or any other law.
- Appellate Jurisdiction: It hears and determines all appeals from the district court under its jurisdiction. It also hears criminal appeals from the Circuit Court.
- Supervisory Jurisdiction: Under Article 141, the High Court exercises supervisory jurisdiction over all lower courts and adjudicating bodies such as CHRAJ and Judicial Committees of traditional councils and regional house of chiefs. In exercising supervisory power, the High Court employs Prerogative Writs as mentioned above.
- Exclusive Jurisdiction: It has exclusive jurisdiction to hear, determine and enforce the fundamental human rights of individuals enshrined and guaranteed under the Constitution.
- Under the Courts Act (supra), the High Court has exclusive jurisdiction to hear and determine piracy matters.
