Ghana’s legal system is a structured and hierarchical mechanism designed to uphold justice, promote accountability, and safeguard the Constitution. From the Supreme Court down to the Traditional Councils, each judicial body plays a unique role in maintaining the rule of law. This piece breaks down the structure, jurisdiction, and practical relevance of each court under Ghana’s 1992 Constitution and associated laws.
- Supreme Court: The Guardian of the Constitution
- Court of Appeal: Ghana’s Legal Middle Ground
- High Court and Regional Tribunal: The Frontline of Major Justice
- Lower Courts: Justice at the Grassroots
- Chieftaincy Courts: Guardians of Customary Justice
- National House of Chiefs (Articles 271–273)
- Regional Houses of Chiefs (Article 274)
- Traditional Councils
- A System Rooted in Law and Custom
Supreme Court: The Guardian of the Constitution
Under Article 129 of Ghana’s Constitution, the Supreme Court is the apex of Ghana’s judiciary. It has exclusive authority to interpret the Constitution and to invalidate laws that contravene it, under Article 2. Its original jurisdiction over constitutional matters is reinforced by Article 130, while its appellate jurisdiction makes it the final court of appeal for all legal disputes in Ghana.
The Court is composed of the Chief Justice and at least nine other justices (Article 128), each with no less than 15 years’ experience in law. It is duly constituted for its work by not less than five Supreme Court Justice (unless otherwise provided). It is presided over by the Chief Justice and in their absence the most senior of the justices of the Supreme Court.
Under Article 131, it hears appeals of national significance, including presidential election petitions and parliamentary disputes. Uniquely, Article 133 gives it the power to review its own decisions, a feature not commonly found in other jurisdictions.
The Supreme Court is more than a legal institution; it is a constitutional shield for every citizen, protecting fundamental rights and ensuring state accountability.
Court of Appeal: Ghana’s Legal Middle Ground
Under Article 137, the Court of Appeal serves as the judiciary’s critical second tier, tasked with hearing appeals from the High Court, Circuit Court, and the now-defunct Regional Tribunals.
While it holds no original jurisdiction, its nationwide appellate authority ensures consistency in judicial interpretation across all regions. Appeals from the High Court are automatic, while appeals from Circuit Courts require leave (permission) from either the trial court or the Court of Appeal.
With a bench comprising the Chief Justice and at least ten other justices (Article 136), the Court usually sits in panels of three judges. In criminal cases, its powers under Section 13 of the Courts Act, 1993 (Act 459) include modifying sentences, substituting lesser verdicts, and ordering retrials for procedural defects. These powers serve to protect against wrongful convictions and procedural injustice.
High Court and Regional Tribunal: The Frontline of Major Justice
High Court Jurisdiction
The High Court has original jurisdiction in all civil and criminal matters and holds special responsibility for enforcing fundamental human rights under Chapter 5 of the Constitution. It also supervises and hears appeals from lower courts, including District and Circuit Courts.
It operates in districts across the country rather than as a single centralized institution and may sit as:
A single judge, a judge with jury or assessors or a three-judge panel for treason or high treason cases (Article 139)
Specialized Divisions
- Fast-Track Division (established under Article 139(3)): Uses digital tools to expedite commercial and constitutional cases, including those involving national revenue or human rights.
- Commercial Division (regulated by Order 58 of the High Court (Civil Procedure) Rules (CI 47)): Focused on commercial litigation, often encourages pre-trial mediation. Its high fees, however, have raised concerns about fairness and access.
- It also has the Criminal Division, the Land Division, Divorce and Matrimonial Division, Probate and Administration Division, Labour Division, Human Rights Division, Financial Division, among others.
Regional Tribunals
Once functional under Article 143 and Act 459, the Regional Tribunal is empowered to try serious economic and state-related crimes. It has been largely non-operational for over a decade, however, there have been talks about reviving the tribunal, though no significant progress has been made.
It is composed of:
- The Chief Justice
- A Chairman qualified to serve as a High Court judge
- 2 to 4 lay members of high moral character appointed by the Chief Justice
Lower Courts: Justice at the Grassroots
Circuit Court
Under Act 459 and the Courts Regulations, 2020, Circuit Courts have original civil jurisdiction in:
- Contract or tort claims not exceeding GH₵2,000,000.00
- Landlord-tenant disputes
- Cases concerning land ownership or possession
- Guardianship and custody of infants
- Injunctions and interpleader reliefs
- Probate or administration of estates not exceeding GH₵2,000,000.00 (if the deceased resided in the court’s jurisdiction)
Where parties consent, the court may hear cases exceeding this limit. It also inherits the criminal jurisdiction of the now-abolished Circuit Tribunals.
Composition: A single judge, with possible substitution by a Justice of the Superior Courts or a former Circuit Tribunal Chairman.
District Court
Handles civil matters not exceeding GH₵500,000.00 and summary criminal cases punishable by fines below 500 penalty units or imprisonment not exceeding two years.
Composition: Presided over by a magistrate, often covering multiple courts.
Juvenile Court
As per the Juvenile Justice Act, 2003, the court consists of a magistrate and two additional members, one of whom must be a social welfare officer. For matters under the Children’s Act, 1998 (Act 560), a panel of three to six members, including a welfare officer, is formed.
Hears all civil and criminal cases involving persons under 18 years. Also functions as a Family Tribunal under Act 560, handling issues such as custody and maintenance.
By law, any juvenile trial must conclude within six months of first appearance—failure to do so results in discharge and immunity from future prosecution for that offence.
Chieftaincy Courts: Guardians of Customary Justice
National House of Chiefs (Articles 271–273)
Composed of five paramount chiefs from each region, the National House advises on chieftaincy issues, codifies customary laws, and identifies outdated practices for reform. Its Judicial Committee hears original cases involving multiple Regional Houses and also hears appeals from them. Final appeals go to the Supreme Court.
Regional Houses of Chiefs (Article 274)
Each region maintains a House responsible for resolving local chieftaincy disputes and advising on customary practices. Its Judicial Committee has original jurisdiction over disputes concerning paramount stools or skins, including queen mothers.
Traditional Councils
They also have a judicial committee which handles chieftaincy disputes within their traditional jurisdictions, except where a paramount chief is a party in which case the Regional House of Chiefs exercises jurisdiction.
A System Rooted in Law and Custom
Ghana’s judiciary operates through a carefully designed hierarchy of superior and lower courts, each with distinct roles. At the apex, the Supreme Court defends constitutional supremacy. The Court of Appeal ensures legal consistency, while the High Court dispenses broader justice across civil, criminal, and human rights matters.
The lower courts bring justice closer to communities, and the Houses of Chiefs preserve and evolve customary law. Despite challenges such as resource gaps and procedural delays, Ghana’s court system remains a cornerstone of democratic governance, committed to justice, equity, and the rule of law.
David Amaara Adaawin on behalf of OSD and Partners. [email protected]
