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Supreme Court of Ghana

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The Supreme Court of Ghana is the highest judicial body in Ghana.[1] Ghana's 1992 constitution guarantees the independence and separation of the Judiciary from the Legislative and the Executive arms of government.[2]

History

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.[3] Appeals from the Supreme Court went to the West African Court of Appeals (WACA) established in 1866. Ghana withdrew from WACA following independence.[4] After the military coup d'état of February 24, 1966, the National Liberation Council (NLC), by the Courts Decree, 1966 (NLCD.84) abolished the Supreme Court and vested judicial power in two sets of courts: the Superior Court of Judicature and the inferior Courts.[5] This was reversed by Article 102(4) of the 1969 constitution establishing the second republic.[6] After the coup on January 13, 1972, the Supreme Court was again abolished by the National Redemption Council with the reason that the 1969 constitution had been suspended and so there was no need for a court to "interpret and enforce it". Its functions were transferred to the Court of Appeal.[4] This was again reverted by the 1979 constitution when the third republic was established on September 24, 1979.[7] The Supreme Court was left intact after the December 31, 1981 coup by the Provisional National Defence Council, though it made changes to the court system by introducing public tribunals.[7]

On July 2, 2013 the Supreme Court sentenced the editor-in-chief of the Daily Searchlight newspaper, Ken Kuranchie, to 10 days in prison for calling the 9 Justices hypocritical and selective.

Current status

File:Supreme Court of Ghana memorial.jpg
Memorial to the Martyrs of the Rule of Law in front of the Supreme Court of Ghana buildings.
Aerial view of the Supreme Court building.
Front view of the Supreme Court building.

The 1992 constitution stipulates that the Supreme court is made up of the Chief Justice and not less than nine other Justices of the Supreme Court.[8] 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.[9] 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.[10] 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 judge.[7]

Justices of the Supreme Court

Main article: List of judges of the Supreme Court of Ghana

The following is a list of the judges of the Supreme Court.[11][12] 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.[13] 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[14][15] until July 2018.[16] 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, Lovelace Johnson and Gertrude Tokornoo.[17] They are to replace Sophia Adinyira, Vida Akoto-Bamfo and Sophia Akuffo who have either retired or are due to retire.[18]

List of Justices of the Supreme Court of Ghana[19]
Judge Date Appointed Appointer
Kwasi Anin-Yeboah
(Chief Justice)		 June 2008[20] John Kufuor
Julius Ansah July 2004[21] John Kufuor
Jones Mawulom Dotse June 2008[20] John Kufuor
Paul Baffoe-Bonnie June 2008[20] John Kufuor
Nasiru Sulemana Gbadegbe October 2009[22] John Atta Mills
Alfred Anthony Benin 11 November 2012[23] John Mahama
Yaw Appau 29 June 2015[24] John Mahama
Gabriel Pwamang 29 June 2015[24] John Mahama
Samuel K. Marful-Sau 13 July 2018[13] Nana Akufo-Addo
Agnes M.A Dordzie 13 July 2018[13] Nana Akufo-Addo
Nii Ashie Kotey 13 July 2018[13] Nana Akufo-Addo
Nene A. O. Amegatcher 13 July 2018[13] Nana Akufo-Addo
Mariama Owusu 17 December 2019[25][26] Nana Akufo-Addo
Avril Lovelace-Johnson[25][26] 17 December 2019 Nana Akufo-Addo
Gertrude Torkornoo[25][26] 17 December 2019 Nana Akufo-Addo
Some recently retired Supreme Court Judges[27]

List of Chief Justices of the Supreme Court

Since its inception in 1876, the Supreme Court has had 27 Chief Justices.[41]

List of Chief Justices of the Gold Coast and Ghana
Chief Justice Time frame Period
Sir David Patrick Chalmers 1876–1878 Gold Coast
P. A. Smith 1878–1879 Gold Coast
Sir James Marshall 1880–1882 Gold Coast
N. Lessingham Bailey 1882–1886 Gold Coast
H. W. Macleod 1886–1889 Gold Coast
Joseph Turner Hutchinson[42] 1889 - 1894 Gold Coast
Francis Smith (acting) 1894 - 1895 Gold Coast
Sir William Brandford Griffith 1895–1911 Gold Coast
Philip Crampton Smyly 1911–1928 Gold Coast
Sir George Campbell Deane 1929–1935 Gold Coast
Sir Philip Bertie Petrides 1936–1943 Gold Coast
Sir Walter Harrangin 1943–1947 Gold Coast
Sir Mark Wilson 1948–1956 Gold Coast
Sir Kobina Arku Korsah 1956–1963 Gold Coast (1956 – 6 Mar 1957)
Ghana – 1st Republic (6 Mar 1957 – 1963)
J. Sarkodee-Addo 1964–1966 1st Republic
Edward Akufo-Addo 1966–1970 military rule[5] (1966–1969)
2nd Republic (1969–1970)
Edmund Alexander Lanquaye Bannerman 1970 -1972 2nd Republic[6]
Samuel Azu Crabbe 1973–1977 military rule[4]
Fred Kwasi Apaloo 1977–1986 military rule (1977–1979)
3rd Republic[7] (24 Sep 1979-31 Dec 1981)
#[43] military rule[7] (31 Dec 1981–1986)
E. N. P. Sowah 1986–1990 military rule
Philip Edward Archer 1991–1995 military rule (1991–1993)
4th Republic (1993–1995)
Isaac Kobina Abban 1995 – 21 April 2001 4th Republic
Edward Kwame Wiredu 2001–2003 4th Republic
George Kingsley Acquah 4 July 2003 – 25 March 2007 4th Republic
Georgina Theodora Wood [32] 15 June 2007 – 8 June 2017 4th Republic
Sophia Akuffo 19 June 2017 - 20 December 2019 4th Republic
Kwasi Anin-Yeboah 7 January 2020[44] to date 4th Republic

See also

References

  1. ^ "Ghanaian criminal court system". Association of Commonwealth Criminal Lawyers. Archived from the original on 2013-01-12. Retrieved 2011-01-28.
  2. ^ 1992 Constitution Article 125(1). "Justice emanates from the people and shall be administered in the name of the Republic by the Judiciary which shall be independent and subject only to this Constitution."
  3. ^ "Historical Development of the Courts before Independence – The Supreme Court Ordinance, 1876". Official Website. Judicial Service of Ghana. p. 2. Archived from the original on October 6, 2007. Retrieved 2007-03-26.
  4. ^ a b c "History – Summary". Official Website. Judicial Service of Ghana. Archived from the original on 2007-02-13. Retrieved 2007-03-26.
  5. ^ a b "Historical Development of the Courts after Independence". Official Website. Judicial Service of Ghana. p. 1. Archived from the original on October 6, 2007. Retrieved 2007-03-26.
  6. ^ a b "Historical Development of the Courts after Independence". Official Website. Judicial Service of Ghana. p. 2. Archived from the original on October 6, 2007. Retrieved 2007-03-26.
  7. ^ a b c d e "Historical Development of the Courts After Independence". Official Website. Judicial Service of Ghana. p. 3. Archived from the original on October 6, 2007. Retrieved 2007-03-26.
  8. ^ "1992 Constitution:Article 128(1)". Ghana Review International. Archived from the original on 2007-04-01. Retrieved 2007-03-26. The Supreme court shall consist of the Chief Justice and not less than nine other Justices of the Supreme Court.
  9. ^ 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."
  10. ^ 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."
  11. ^ "List of Judges of the Superior Court of Judicature". Official Website. Judicial Service of Ghana. Archived from the original on 2012-10-18. Retrieved 2013-01-10.
  12. ^ "The Judiciary – Justice of the Supreme aCourt". Ghana local government website. Min. of Local Govt., Rural Dev. & Environment & Maks Publications & Media Services. Archived from the original on 2007-10-10. Retrieved 2007-04-19.
  13. ^ a b c d e "Akufo-Addo appoints 4 new Supreme Court Justices". GhanaWeb.com. GhanaWeb. Archived from the original on 2018-08-28. Retrieved 27 August 2018.
  14. ^ a b "Atuguba was an NPP parliamentary candidate in 1992 - Gabby reveals". Ghanaweb.com. Ghanaweb. 7 September 2013. Archived from the original on 2017-08-05. Retrieved 21 June 2017.
  15. ^ a b "Supreme Court adjourns ruling in Minority leader's case". Ghanaweb. Ghanaweb. 14 May 1998. Archived from the original on 2018-08-28. Retrieved 21 June 2017.
  16. ^ a b "Justice William Atuguba retires after 44 years as a judge". GhanaWeb.com. GhanaWeb. Archived from the original on 2018-08-28. Retrieved 27 August 2018.
  17. ^ "Akufo-Addo swears in 46 judges". ghanaweb.com. GhanaWeb. 17 December 2019. Retrieved 12 January 2020.
  18. ^ "Nana Addo nominates three new judges to Supreme Court". Ghanaweb.com. GhanaWeb. 12 November 2019. Retrieved 16 November 2019.
  19. ^ "The Republic of Ghana Judiciary". Official website. Judicial Service of Ghana. Archived from the original on 2016-11-15. Retrieved 21 June 2017.
  20. ^ a b c d "Four new Supreme Court Judges Sworn In". General News of Wednesday, 11 June 2008. Ghana Home Page. Archived from the original on 2008-06-14. Retrieved 2008-06-12.
  21. ^ "3 Judges nominated to Supreme Court". Ghana Home Page. Archived from the original on 2014-05-05. Retrieved 2013-01-10.
  22. ^ a b "New Justices Get Approval". Modern Ghana.com. Modern Ghana. Archived from the original on 2013-06-15. Retrieved 10 January 2013.
  23. ^ a b "Two Supreme Court Judges sworn in". Daily Graphic. Archived from the original on 2013-09-02. Retrieved 2013-01-10.
  24. ^ a b "Mahama swears in two Supreme Court Judges". Ghanaweb.com. Ghanaweb. 29 June 2017. Archived from the original on 2016-01-02. Retrieved 21 June 2017.
  25. ^ a b c "Akufo-Addo swears in 46 judges". ghanaweb.com. GhanaWeb. 17 December 2019. Retrieved 12 January 2020.
  26. ^ a b c "Apply laws without fear or favour – Akufo-Addo to new Supreme Court Justices". myjoyonline.com. JoyOnline. 17 December 2019. Retrieved 12 January 2020.
  27. ^ "Supreme Court of Ghana – Members of Supreme Court (2005)". Ghana Home Page. 2005. Archived from the original on 2007-03-09. Retrieved 2007-03-26.
  28. ^ "Judiciary will use technology for quality justice - Justice Sophia Akuffo". Ghanaweb. Ghanaweb. 19 June 2017. Archived from the original on 2017-06-22. Retrieved 21 June 2017.
  29. ^ "graphicghana.info". Archived from the original on 2011-07-18. Retrieved 2007-04-19.
  30. ^ "Death of the Chief Justice of Ghana". Official Website. Judicial Service of Ghana. Archived from the original on 2012-02-06. Retrieved 2007-04-13.
  31. ^ "Archived copy". Archived from the original on 2018-09-08. Retrieved 2017-03-17.{{cite news}}: CS1 maint: archived copy as title (link)
  32. ^ a b "Kpegah urges new Chief Justice to unite judges". General News of Friday, 15 June 2007. Ghana Home Page. Archived from the original on 2007-09-27. Retrieved 2007-06-16.
  33. ^ "Akufo-Addo swears in Georgina Wood to Council of State". Ghanaweb. Ghanaweb. Archived from the original on 2017-06-22. Retrieved 21 June 2017.
  34. ^ "SC Justice Rose Constance Owusu retires". GhanaWeb.com. Ghana Webq. Archived from the original on 2018-08-28. Retrieved 27 August 2018.
  35. ^ Hawkson, Emmanuel Ebo. "Judicial Service honours Justice Akamba". Daily Graphic Online. Graphic Communication Group Limited. Archived from the original on 2018-08-28. Retrieved 27 August 2018.
  36. ^ De-Graft Johnson, Jeffrey (2017-01-04). "Akamba Bows Out". DailyGuideAfrica.com. Daily Guide Africa. Archived from the original on 2018-08-28. Retrieved 27 August 2018.
  37. ^ Asamoah, Obed (2014). The Political History of Ghana (1950-2013): The Experience of a Non-Conformist.
  38. ^ "Two new Supreme Court Judges sworn in". Official website. Judicial Service of Ghana. Archived from the original on 2007-07-01. Retrieved 2007-06-01.
  39. ^ "Supreme Court judge Sophia Adinyira retires". ghanaweb.com. GhanaWeb. 30 July 2019. Retrieved 16 November 2019.
  40. ^ "Justice Akoto-Bamfo bows out from Supreme Court". ghanaweb.com. GhanaWeb. 15 February 2019. Retrieved 16 November 2019.
  41. ^ "List of Chief Justices". Official Website. Judicial Service of Ghana. Archived from the original on 2008-06-22. Retrieved 2016-09-01.
  42. ^ Peile, John (2014). Biographical Register of Christ's College, 1505–1905. Vol. 2. 1666–1905. Cambridge University Press. p. 611. ISBN 978-1-107-42606-1.
  43. ^ The Supreme Court was left intact under this military regime. See note 5.
  44. ^ "Parliament okays Justice Anin Yeboah as Chief Justice". ghanaweb.com. GhanaWeb. 24 December 2019. Retrieved 10 January 2020.
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