Supreme Court of Ghana

The Supreme Court was established by the Supreme Court Ordinance (1876) as the highest tribunal in the Gold Coast (now Ghana) during the colonial era.{{Cite journal |last=Hofstedt |first=Matthew |date=July 2014 |title=Afterword: A brief history of Supreme Court messengers |url=http://dx.doi.org/10.1111/j.1540-5818.2014.12045.x |journal=Journal of Supreme Court History |volume=39 |issue=2 |pages=259–263 |doi=10.1111/j.1540-5818.2014.12045.x |s2cid=143325855 |issn=1059-4329}}

Until 1960, there was a right of appeal to the Judicial Committee of the Privy Council in London, England.

On July 2, 2013, the Supreme Court sentenced the editor of the Daily Search light newspaper, Ken Kuranchie, to 10 days in prison for calling the 9 Justices hypocritical and selective.{{Cite web |last=Online |first=Peace FM |title=Supreme Court Jails Atubiga And Ken Kuranchie |url=https://www.peacefmonline.com/pages/politics/politics/201307/167860.php |access-date=2023-07-12 |website=Peacefmonline.com - Ghana news}} After the parliament of Ghana passed a bill allowing the cultivation of weed in the country in 2022, the Supreme Court in May 2023 struck out the cannabis cultivation bill by a 5-4 majority.{{Cite web |date=2023-05-29 |title=Ghana: Supreme Court strikes out cannabis cultivation bill |url=https://www.mmjdaily.com/article/9533166/ghana-supreme-court-strikes-out-cannabis-cultivation-bill/ |access-date=2023-07-12 |website=www.mmjdaily.com |language=EN}}{{Cite web |date=2023-07-11 |title=Supreme Court erred in its decision to cancel 'wee law' - NPP MP |url=https://www.ghanaweb.com/GhanaHomePage/NewsArchive/Supreme-Court-erred-in-its-decision-to-cancel-wee-law-NPP-MP-1802027 |access-date=2023-07-12 |website=GhanaWeb |language=en}}

The Supreme Court of Ghana plays a critical role in the country's legal framework. Its jurisdiction extends to a wide range of matters, including:

• Constitutional Interpretation: The Supreme Court has the authority to interpret the provisions of the Constitution of Ghana. This is a vital function as it ensures that the Constitution remains a living document that adapts to the changing needs of the nation.

• Presidential Election Petitions: In the event of disputes arising from presidential elections, the Supreme Court is vested with the power to adjudicate such matters and determine the validity of election results. One of the most notable cases was the 2012 presidential election petition, where the court upheld the election of President John Dramani Mahama.{{Cite news |date=2013-08-29 |title=Ghana Supreme Court upholds John Mahama's win |language=en-GB |work=BBC News |url=https://www.bbc.com/news/world-africa-23878458 |access-date=2023-09-28}} This case demonstrated the court's commitment to ensuring the integrity of Ghana's electoral process.

• Appellate Jurisdiction: The Supreme Court serves as the highest appellate court in Ghana, hearing appeals from lower courts on a variety of legal issues.

File:Supreme Court of Ghana.jpg of the Supreme Court building.}}]]

File:Ghana Supreme Court Accra.jpg

The 1992 constitution stipulates that the Supreme Court is made up of the Chief Justice of Ghana and not less than nine other Justices of the Supreme Court.{{cite web |url=http://www.ghanareview.com/parlia/Gconst11.html |title=1992 Constitution:Article 128(1) |publisher=Ghana Review International |quote=The Supreme Court shall consist of the Chief Justice and not less than nine other Justices of the Supreme Court. |access-date=2007-03-26 |archive-url=https://web.archive.org/web/20070401000904/http://www.ghanareview.com/parlia/Gconst11.html |archive-date=2007-04-01 |url-status=live }} Is the final court of appeal and has jurisdiction over matters relating to the enforcement or the interpretation of constitutional law. The Chief Justice is appointed by the President of Ghana acting in consultation with the Council of State and with the approval of the country's Parliament.Ghana Constitution:Article 144 clause 1 "The Chief Justice shall be appointed by the President acting in consultation with the Council of State and with the approval of Parliament." The other Supreme Court Justices are appointed by the President acting on the advice of the Judicial Council and in consultation with the Council of State. This must also be with the approval of Parliament.1992 Constitution:Article 144 clause 2 "The other Supreme Court Justices shall be appointed by the President acting on the advice of the Judicial Council, in consultation with the Council of State and with the approval of Parliament." The 1992 Constitution abolished all the public tribunals established under the PNDC and created the Regional Tribunal whose chairman was equated with the High Court judges.{{cite web |title=Historical Development of the Courts After Independence |url=http://www.judicial.gov.gh/history/after_indp/page_3.htm |url-status=dead |archive-url=https://web.archive.org/web/20071006085846/http://www.judicial.gov.gh/history/after_indp/page_3.htm |archive-date=October 6, 2007 |access-date=2007-03-26 |work=Official Website |publisher=Judicial Service of Ghana |pages=3}} There is no limit on the number of judges appointed to the Supreme Court. There have been calls for there to be a cap on the number but various judges advised against it due to the demands on the court by the 1992 constitution.{{cite web |author1=Justice Agbenorsi |title=Don't cap Supreme Court judges - Chief Justice, Sophia Akuffo proposes |url=https://www.graphic.com.gh/news/general-news/don-t-cap-supreme-court-judges-chief-justice-spohia-akuffo-proposes.html |website=Graphic Online |publisher=Graphic Communications Group Limited |access-date=30 May 2023 |location=Accra |date=8 December 2022}} The Court of Appeal, which includes the chief justice and not fewer than five other judges, has jurisdiction to hear and to determine appeals from any judgment, decree, or High Court of Justice order.{{Cite web |title=Supreme Court Republic of Ghana |url=https://mobile.ghanaweb.com/GhanaHomePage/republic/supreme_court.php |access-date=2023-09-13 |website=mobile.ghanaweb.com}} The High Court of Justice, which consists of the chief justice and not fewer than twelve other justices, has jurisdiction in all matters, civil and criminal, other than those involving treason.

The current Chief Justice of the Supreme Court of Ghana is Gertrude Torkornoo.

{{Main|List of judges of the Supreme Court of Ghana}}

The following is a list of the judges of the Supreme Court.{{cite web |url=http://www.judicial.gov.gh/index.php?option=com_content&task=view&id=14&Itemid=35 |title=List of Judges of the Superior Court of Judicature |access-date=2013-01-10 |work=Official Website |publisher=Judicial Service of Ghana |archive-url=https://web.archive.org/web/20121018123739/http://www.judicial.gov.gh//index.php?option=com_content&task=view&id=14&Itemid=35 |archive-date=2012-10-18 |url-status=live }}{{cite web |url=http://www.ghanadistricts.com/home/?_=42&sa=3640&ssa=260&PHPSESSID=4bd2cccf47f78c4d1705988ea58acd87 |title=The Judiciary – Justice of the Supreme aCourt |access-date=2007-04-19 |work=Ghana local government website |publisher=Min. of Local Govt., Rural Dev. & Environment & Maks Publications & Media Services |archive-url=https://web.archive.org/web/20071010051031/http://www.ghanadistricts.com/home/?_=42&sa=3640&ssa=260&PHPSESSID=4bd2cccf47f78c4d1705988ea58acd87 |archive-date=2007-10-10 |url-status=live }} In July 2018, President Nana Akufo-Addo appointed four new judges to the Supreme Court. They were Samuel K. Marful-Sau and Agnes M.A Dordzie, both Justices of the Appeal Court, Nii Ashie Kotey, a former Dean of the Faculty of Law at the University of Ghana and Nene A. O. Amegatcher, a lawyer in private practice who also a former president of the Ghana Bar Association.{{cite web |title=Akufo-Addo appoints 4 new Supreme Court Justices |url=https://www.ghanaweb.com/GhanaHomePage/NewsArchive/Akufo-Addo-appoints-4-new-Supreme-Court-Justices-665443 |website=GhanaWeb.com |date=3 July 2018 |publisher=GhanaWeb |access-date=27 August 2018 |archive-url=https://web.archive.org/web/20180828035558/https://www.ghanaweb.com/GhanaHomePage/NewsArchive/Akufo-Addo-appoints-4-new-Supreme-Court-Justices-665443 |archive-date=2018-08-28 |url-status=live }} One of the longest-serving judges of the Court, William Atuguba retired in the same month. He had been on the Supreme Court after being nominated by Jerry Rawlings in November 1995{{cite web|title=Atuguba was an NPP parliamentary candidate in 1992 - Gabby reveals|url=http://www.ghanaweb.com/GhanaHomePage/NewsArchive/Atuguba-was-an-NPP-parliamentary-candidate-in-1992-Gabby-reveals-285043|website=Ghanaweb.com|publisher=Ghanaweb|access-date=21 June 2017|date=7 September 2013|archive-url=https://web.archive.org/web/20170805182629/http://www.ghanaweb.com/GhanaHomePage/NewsArchive/Atuguba-was-an-NPP-parliamentary-candidate-in-1992-Gabby-reveals-285043|archive-date=2017-08-05|url-status=live}}{{cite web|title=Supreme Court adjourns ruling in Minority leader's case|url=http://www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID=3912|website=Ghanaweb|access-date=21 June 2017|date=14 May 1998|archive-url=https://web.archive.org/web/20180828134250/https://www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID=3912|archive-date=2018-08-28|url-status=live}} until July 2018.{{cite web |title=Justice William Atuguba retires after 44 years as a judge |url=https://www.ghanaweb.com/GhanaHomePage/NewsArchive/Justice-William-Atuguba-retires-after-44-years-as-a-judge-665478 |website=GhanaWeb.com |date=3 July 2018 |publisher=GhanaWeb |access-date=27 August 2018 |archive-url=https://web.archive.org/web/20180828035711/https://www.ghanaweb.com/GhanaHomePage/NewsArchive/Justice-William-Atuguba-retires-after-44-years-as-a-judge-665478 |archive-date=2018-08-28 |url-status=live }}

The last female Chief Justice was Sophia Akuffo. She was the last Supreme Court Judge appointed by Jerry Rawlings to retire. She retired on 20 December 2019 and was replaced by Kwasi Anin-Yeboah on 7 January 2020.

In December 2019, President Akufo-Addo appointed three new judges to the Supreme Court. They were Mariama Owusu, Avril Lovelace-Johnson, and Gertrude Tokornoo.{{cite web |title=Akufo-Addo swears in 46 judges |url=https://www.ghanaweb.com/GhanaHomePage/NewsArchive/Akufo-Addo-swears-in-46-judges-818155 |website=ghanaweb.com |publisher=GhanaWeb |access-date=12 January 2020 |date=17 December 2019}} They were to replace Vida Akoto-Bamfo, Sophia Adinyira, and Sophia Akuffo who had either retired or were due to retire.{{cite web |title=Nana Addo nominates three new judges to Supreme Court |url=https://www.ghanaweb.com/GhanaHomePage/NewsArchive/Nana-Addo-nominates-three-new-judges-to-Supreme-Court-798617 |website=Ghanaweb.com |publisher=GhanaWeb |access-date=16 November 2019 |date=12 November 2019}}

Since its inception in 1876, the Supreme Court has had 27 chief justices.{{cite web |url=http://www.judicial.gov.gh/history/list%20of%20judicial%20officials/list%20of%20CJ.htm |title=List of Chief Justices |access-date=2016-09-01 |work=Official Website |publisher=Judicial Service of Ghana |archive-url = https://web.archive.org/web/20080622122515/http://www.judicial.gov.gh/history/list%20of%20judicial%20officials/list%20of%20CJ.htm |archive-date = 2008-06-22 |url-status=dead}}

{{Main|1982 Murders of Ghanaian Judges and Retired Army Officer}}

On 30 June 1982, during the curfew hours, three High Court Judges and a retired Army Officer, namely: Mr. Justice Frederick Poku Sarkodee, Mrs. Justice Cecilia Koranteng-Addow, Mr. Justice Kwadwo Agyei Agyepong and Major (Rtd) Sam Acquah were abducted from their homes and brutally murdered at the Bundase Military Range in the Accra Plains.{{Cite web |title=Martyrs of the Rule of Law Historical Marker |url=https://www.hmdb.org/m.asp?m=220215 |access-date=2023-07-28 |website=www.hmdb.org |language=en}}{{Cite web |last=Tigo |first=Joshua |date=2020-06-30 |title=Today in History: Personalities behind three statues in front of Ghana's Sup |url=https://www.adomonline.com/today-in-history-personalities-behind-three-statues-in-front-of-ghanas-supreme-court/ |access-date=2023-07-28 |website=Adomonline.com |language=en-US}} The unfortunate victims' bodies were then doused in gasoline and set ablaze. The bodies were saved from total destruction by divine intervention in the form of a light rain that put out the fire.

These distinguished judges paid the ultimate price for their unwavering commitment to the rule of law and the fair administration of justice.

The Ghanaian judicial system honours them each year on Martyrs Day, the day commemorating their passing. This memorial is meant to serve as a source of inspiration for us as a nation as we rededicate ourselves individually and collectively to the beloved goals and principles on whose altar they made the ultimate sacrifice: Lest We Forget.

Former President John Dramani Mahama in September 2022 criticized the Registrar of the Supreme Court for not setting a date to hear an application seeking an interlocutory injunction. This application aims to halt the Electoral Commission's limited voter registration until a final decision is made on a lawsuit challenging the choice of venues for the exercise.{{Cite web|url=https://www.graphic.com.gh/news/politics/mahama-criticises-supreme-court-over-failure-to-set-hearing-date.html|title=Mahama criticises Supreme Court over failure to set hearing date - Graphic Online}}{{Cite web |last=Annang |first=Evans |date=2023-09-05 |title=Mahama's criticism of the judiciary is setting a dangerous precedent – Gary Nimako |url=https://www.pulse.com.gh/news/local/mahamas-criticism-of-the-judiciary-is-setting-a-dangerous-precedent-gary-nimako/591ny9s |access-date=2023-09-14 |website=Pulse Ghana |language=en}}

On October 17, 2024, the Speaker of the Ghana Parliament, Alban Sumana Kingsford Bagbin, declared four parliamentary seats vacant after the incumbents defected to contest the 2024 parliamentary elections under different political parties.{{Cite web |date=2024-10-22 |title=Ghana parliament sitting: Ghana Speaker Bagbin adjourn Parliament indefinitely sake of Supreme Court ruling over fight between NPP, NDC MPs |url=https://www.bbc.com/pidgin/articles/cvgxgj7pjwlo |access-date=2024-10-22 |website=BBC News Pidgin}}{{Cite web |date=2024-10-23 |title=Eye on Africa - Explaining a dramatic week in Ghanaian politics |url=https://www.france24.com/en/tv-shows/eye-on-africa/20241023-a-week-of-drama-in-ghanaian-politics |access-date=2024-10-29 |website=France 24 |language=en}} This decision sparked tensions, leading to a rowdy parliamentary session on October 22, [https://citinewsroom.com/2024/10/ndc-npp-mps-occupy-majority-side-in-parliament-heightening-tensions/ 2024], where some lawmakers walked out of the chamber. Following consultations with parliamentary leadership, Bagbin exercised his discretionary powers to suspend the house indefinitely under Standing Order 59(1), citing the ongoing crisis.{{Cite web|url=https://www.graphic.com.gh/news/general-news/ghana-news-speaker-s-declaration-on-4-mps-supreme-court-ruling-binding-on-parliament-legal-experts-tell-ndc-caucus.html|title=Speaker's declaration on 4 MPs: Supreme Court ruling binding on Parliament - Legal experts tell NDC Caucus - Graphic Online}}

On October 18, 2024, the Supreme Court temporarily halted the enforcement of Bagbin’s ruling, allowing the affected MPs to retain their seats for the time being.{{Cite web |date=2024-10-18 |title=Read why Supreme Court halted Bagbin's ruling |url=https://citinewsroom.com/2024/10/read-why-supreme-court-halted-bagbins-ruling/ |access-date=2024-10-22 |language=en-US}}

On November 12, 2024, the Supreme Court ruled against the decision of the speaker to declare four seats vacant, on the verdict that it was unconstitutional.{{Cite web |date=2024-11-12 |title=Supreme Court rules: Speaker's declaration of four seats vacant is unconstitutional - MyJoyOnline |url=https://www.myjoyonline.com/supreme-rules-speakers-declaration-of-four-seats-vacant-is-unconstitutional/ |access-date=2024-11-12 |website=www.myjoyonline.com |language=en-US}}

• 1982 Murders of Ghanaian Judges and Retired Army Officer
• Judiciary of Ghana
• List of justices of the Supreme Court of Ghana
• Chief Justice of Ghana
• General Legal Council
• Ghana School of Law

{{Reflist|2}}

• [http://www.judicial.gov.gh/ Official Website of the Judicial Service of Ghana]
• Ghana Constitution

:*[http://www.parliament.gh/ Parliament of Ghana Website]

:*[http://www.ghanareview.com/Gconst.html GhanaReview.com]

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Category:Judiciary of Ghana

Category:Justices of the Supreme Court of Ghana