Supreme Court of Ghana

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.

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

On 2 July 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. 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.

Role and Jurisdiction

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. 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.

Current status

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. 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. 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. 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. 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. 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. 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.

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. 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. 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 until July 2018. 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. They were to replace Vida Akoto-Bamfo, Sophia Adinyira, and Sophia Akuffo who had either retired or were due to retire. On 3 July 2025, President Mahama swore in seven new judges to the Supreme Court in accordance with Article 144 of the 1992 Ghana constitution.

List of chief justices of the Supreme Court

Since its inception in 1876, the Supreme Court has had 27 chief justices.

Murders

Main article: 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, Justice Frederick Poku Sarkodee, Justice Cecilia Koranteng-Addow, Justice Kwadwo Agyei Agyepong and Major (Rtd) Sam Acquah, were abducted from their homes and murdered at the Bundase Military Range in the Accra Plains. The victims' bodies were then doused in gasoline and set ablaze. The bodies were saved from total destruction by a light rain that put out the fire.

The Ghanaian judicial system honours them each year on Martyrs Day, the day commemorating their deaths.

Selected Landmark Decisions of the Supreme Court of Ghana

Critical assessment

Corruption

Controversies

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.

Halt of Speaker Ruling 2024

On 17 October 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. This decision sparked tensions, leading to a rowdy parliamentary session on 22 October, 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.

On 18 October 2024, the Supreme Court temporarily halted the enforcement of Bagbin’s ruling, allowing the affected MPs to retain their seats for the time being.

On 12 November 2024, the Supreme Court ruled against the decision of the speaker to declare four seats vacant, on the verdict that it was unconstitutional.

References

References

1. "Ghanaian criminal court system". Association of Commonwealth Criminal Lawyers.
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. "Supreme Court of Ghana, Biography".
4. Hofstedt, Matthew. (July 2014). "Afterword: A brief history of Supreme Court messengers". Journal of Supreme Court History.
5. Online, Peace FM. "Supreme Court Jails Atubiga And Ken Kuranchie".
6. (2023-05-29). "Ghana: Supreme Court strikes out cannabis cultivation bill".
7. (2023-07-11). "Supreme Court erred in its decision to cancel 'wee law' - NPP MP".
8. (2013-08-29). "Ghana Supreme Court upholds John Mahama's win". BBC News.
9. "1992 Constitution:Article 128(1)". Ghana Review International.
10. 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."
11. 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."
12. "Historical Development of the Courts After Independence". Judicial Service of Ghana.
13. (8 December 2022). "Don't cap Supreme Court judges - Chief Justice, Sophia Akuffo proposes". Graphic Communications Group Limited.
14. "Supreme Court Republic of Ghana".
15. "List of Judges of the Superior Court of Judicature". Judicial Service of Ghana.
16. "The Judiciary – Justice of the Supreme aCourt". Min. of Local Govt., Rural Dev. & Environment & Maks Publications & Media Services.
17. (3 July 2018). "Akufo-Addo appoints 4 new Supreme Court Justices". GhanaWeb.
18. (7 September 2013). "Atuguba was an NPP parliamentary candidate in 1992 - Gabby reveals". Ghanaweb.
19. (14 May 1998). "Supreme Court adjourns ruling in Minority leader's case".
20. (3 July 2018). "Justice William Atuguba retires after 44 years as a judge". GhanaWeb.
21. (17 December 2019). "Akufo-Addo swears in 46 judges". GhanaWeb.
22. (12 November 2019). "Nana Addo nominates three new judges to Supreme Court". GhanaWeb.
23. (3 July 2025). "President Mahama swears in 7 new Supreme Court Justices; Urges independence and integrity". Graphic Communications Group Ltd.
24. (3 July 2025). "Your robe isn't only a mark of office; wear it with wisdom' - Mahama to new Supreme Court Justices".
25. "Four new Supreme Court Judges Sworn In". Ghana Home Page.
26. (29 June 2017). "Mahama swears in two Supreme Court Judges". Ghanaweb.
27. (22 May 2020). "Amadu Tanko sworn in as first Muslim Supreme Court Justice". GhanaWeb.
28. (23 May 2020). "President swears in 2 Justices of Supreme Court".
29. (26 May 2020). "I'll serve Ghana – New SC judge Mensah Bonsu". GhanaWeb.
30. "BusinessGhana".
31. "List of Chief Justices". Judicial Service of Ghana.
32. Peile, John. (2014). "Biographical Register of Christ's College, 1505–1905". Cambridge University Press.
33. "Historical Development of the Courts after Independence". Judicial Service of Ghana.
34. "Historical Development of the Courts after Independence". Judicial Service of Ghana.
35. "History – Summary". Judicial Service of Ghana.
36. (24 Sep 1979 – 31 Dec 1981)
    The Supreme Court was left intact under this military regime. See note 5.
37. "Kpegah urges new Chief Justice to unite judges". Ghana Home Page.
38. (24 December 2019). "Parliament okays Justice Anin Yeboah as Chief Justice". GhanaWeb.
39. "Martyrs of the Rule of Law Historical Marker".
40. Tigo, Joshua. (2020-06-30). "Today in History: Personalities behind three statues in front of Ghana's Sup".
41. GhanaWeb. (2024-10-21). "Parliament served with Supreme Court ruling freezing Bagbin's declaration of 4 seats vacant".
42. "Mahama criticises Supreme Court over failure to set hearing date - Graphic Online".
43. Annang, Evans. (2023-09-05). "Mahama's criticism of the judiciary is setting a dangerous precedent – Gary Nimako".
44. (2024-10-22). "Ghana parliament sitting: Ghana Speaker Bagbin adjourn Parliament indefinitely sake of Supreme Court ruling over fight between NPP, NDC MPs".
45. (2024-10-23). "Eye on Africa - Explaining a dramatic week in Ghanaian politics".
46. "Speaker's declaration on 4 MPs: Supreme Court ruling binding on Parliament - Legal experts tell NDC Caucus - Graphic Online".
47. (2024-10-18). "Read why Supreme Court halted Bagbin's ruling".
48. (2024-11-12). "Supreme Court rules: Speaker's declaration of four seats vacant is unconstitutional - MyJoyOnline".