WHAT IS A LEGAL SYSTEM?

Legal regimen of a country consisting of (1) a written or

oral Constitution, (2) primary legislation (statutes)
enacted by the legislative body established by the
constitution, (3) subsidiary legislation (by laws) made
by person or bodies authorized by the primary
legislation to do so, (4) customs applied by courts on the
basis of traditional practices, (5) principles or practices
of civil, common, Roman or other code of law. (6) Court
Structure, (7) Law enforcement agencies (public
services) and (8) Legal information Management
CONSTITUTION (DEFINITION)
CONSTITUTION the organic law framing a governmental
system; the original and fundamental principles of law by
which system of government is created and according to
which a country is governed. A constitution represents a
mandate to the various branches of government directly
from the people acting in their sovereign capacity. It is
distinguished from a law which is a rule of conduct
prescribed by legislative agents of the people and subject to
the limitations of the constitution. The Constitution is the
basic law to which all others must conform. It is the
supreme law of the land and it cannot be abrogated even in
part by statute.
 GHANA CONSTITUTION
1. Came into force on 7th January, 1992.
2. Process
 D. F. Annan – P. N. D. C. 1981. Advised on the need for
Constitution.
 Committee of Experts chaired by S. K. B. Asante
 Consultative Assembly law PNDCL 253. To allow the
formation of a Consultative Assembly to debate the draft
chaired by S. K. B. Asante.
 Referendum
 Simple majority voted in favor and Constitution came
into effect.
SOME FEATURES OF GHANA 1992
CONSTITUTION
1. Subject to Referendum; Sovereignty resides in the people
Art. (1); Constitution is the Supreme Law in Ghana.
2. Executive Resident akin to the United States
3. Separation of powers – not as strict as the U. S. because
about 70% of ministers must come from Parliament making
it a hybrid of English and American.
4. Human Rights – Exhaustive Provisions of Human Rights –
Chp. 5 Art. 12 – 25. Article 12 (1) is worth mentioning -
“The fundamental human rights and freedoms enshrined in
this chapter shall be respected and upheld by the Executive,
Legislature and Judiciary and all other organs of government
and its agencies and, where applicable to them, by all natural
and Legal persons in Ghana and shall be enforceable by the
courts as provided for in this constitution”.
SOME FEATURES OF GHANA 1992
CONSTITUTION (Cont.)
5. Equal protection of law, Art. 17 (1) – “All persons shall
be equal before the law”, (2) A person shall not be
discriminated against on grounds of gender, race, colour,
ethnic origin, religion, creed or social or economic
status. (3) Parliament can however make Laws that may
discriminate only in accordance to the provisions of 17
(4).
6. Directive Principles of State Policy on Political,
Economic, Social, Cultural, Educational and
International matters – Art. 34 through 41.
SOME FEATURES OF GHANA 1992
CONSTITUTION (Cont.)
7. Entrenched Provisions – Art. 290 (1)
8. Recognition of Chieftaincy – Art. 270 “The institution
of Chieftaincy, together with its traditional councils as
established by customary law and usage, is hereby
guaranteed.”
b. CHRAJ and its role.
 THE CONSTITUTION
1. (1) The Sovereignty of Ghana resides in the people of Ghana
whose name and for whose welfare the powers of government
are to be exercised in the manner and within the limits laid
down in this constitution.
(2) This constitution shall be the Supreme Law of Ghana and
any other law found to be inconsistent with any provision of
this Constitution shall, to the extent of inconsistency, be void.
2. (1) A person who alleges that _
(a) an enactment or anything contained in or done under the
authority of that or any other enactment; or
(b) any act or omission of any person is inconsistent with, or
is in contravention of a provision of this Constitution, may
bring an action in the Supreme Court for a declaration to that
effect.
THE CONSTITUTION (Cont.)
(2) The supreme Court shall, for the purposes of a declaration
under clause (1) of this article, make such orders and give such
directions as it may consider appropriate for giving effect, or
enabling effect to be given, to the declaration so made.
(3) Any person or group of persons to whom an order or direction
is addressed under clause (2) of this article by the Supreme Court,
shall dully obey and carry out the terms of the order or direction.
(4) Failure to obey or carry out the terms of an order or direction
made or given under clause (2) of this article constitutes a high
crime under this Constitution and shall, in the case of the
President or the Vice-President, constitute a ground for removal
from office under this Constitution.
THE CONSTITUTION (Cont.)
(5) A person convicted of a high crime under clause (4) of this
article shall –
(a) be liable to imprisonment not exceeding ten years
without the option of a fine; and
(b) not be eligible for election, or for appointment, to any
public office for ten years beginning with the date of the
expiration of the term of imprisonment.
3.(1) Parliament shall have no power to enact a law establishing a
one-party state.
(2) Any activity of a person or group of persons which
suppresses or seeks to suppress the lawful political activity of any
other person or any class of persons, or persons generally is
unlawful.
THE CONSTITUTION (Cont.)
(3) Any person who _
(a) by himself or in concert with others by any
violent or other unlawful means, suspends or overthrows or
abrogates this Constitution or any part of it, or attempts to
do any such act; or
(b) aids and abets in any manner any person referred
to in paragraph (a) of this clause commits the offence of
high treason and shall, upon conviction, be sentenced to
suffer death.
THE CONSTITUTION (Cont.)
4. All citizens of Ghana shall have the right and duty at all
times –
(a) to defend this Constitution, and in particular, to resist
any person or group of persons seeking to commit any
of the acts referred to in clause (3) of this article; and
(b) to do all in their power to restore this Constitution
after it has been suspended, overthrown, or abrogated as
referred to in clause (3) of this article.
5. Any person or group of persons who suppresses or
resists the suspension, overthrow or abrogation of this
Constitution as referred to in clause (3) of this article,
commits no offence.
 THE CONSTITUTION (Cont.)
6. Where a person referred to in clause (5) of this article is
punished for any act done under that clause, the
punishment shall, on the restoration of this Constitution,
be taken to be void from the time it was imposed and
shall, from that time, be taken to be absolved from all
liabilities arising out of the punishment.
7. The Supreme Court shall, on application by or on behalf
of a person who has suffered any punishment or loss to
which clause (6) of this article relates, award him
adequate compensation, which shall be charged on the
Consolidated Fund, in respect of any suffering or loss
incurred as a result of the punishment.
 SOURCES OF LAW IN GHANA
(I) Extracts from the 1992 Constitution, Arts. 11 (1) –
(6), 37 (2) & (3), 40, 73 and 75
11.(1) The laws of Ghana shall comprise –
(a) this Constitution
(b) enactments made by or under the authority of the
Parliament established by this Constitution.
(c) any Orders, Rules and Regulations made by any
person or authority under a power conferred by this
Constitution;
(d) the existing law; and
(e) the common law.
SOURCES OF LAW IN GHANA
(Cont.)
(2) The common law of Ghana shall comprise the rules of law
generally known as the common law, the rules generally known
as the doctrines of equity and the rules of customary law
including those determined by the Superior Court or Judicature.
(3) For the purpose of this article, “customary law” means the
rules of law which by custom are applicable to particular
communities in Ghana.
(4) The existing law shall, except as otherwise provided in clause
(1) of this article, comprise the written and unwritten laws of
Ghana as they existed immediately before the coming into force
of this Constitution, and any Act, Decree, Law or statutory
instrument issued or made before that date, which is to come into
force on or after that date.
SOURCES OF LAW IN GHANA
(Cont.)
(5) Subject to the provisions of this Constitution, the
existing law shall not be affected by the coming into force
of this Constitution.
(6) The existing law shall be construed with any
modifications, adaptations, qualifications and exceptions
necessary to bring it into conformity with the provisions of
this Constitution; or otherwise to give effect to, or enable
effect to be given, any changes effected by this Constitution.
SOURCES OF LAW IN GHANA
(Cont.)
37. The State shall enact appropriate laws to ensure –
(a) the enjoyment of rights of effective participation
in development processes including rights of people
to form their own associations free from state
interference and to use them to promote and protect
their interests in relation to development processes,
rights of access to agencies and officials of the State
necessary in order to realise effective participation
in development processes; freedom to raise funds to
support those activities.
SOURCES OF LAW IN GHANA
(Cont.)
(b) the protection and promotion of all other basic
human rights and freedoms, including the rights of the
disabled, the aged, children and other vulnerable groups
in development processes.
(3) In the discharge of the obligations stated in clause
(2) of this article, the State shall be guided by
international human rights instruments which recognize
and supply particular categories of basic human rights
to development processes.
SOURCES OF LAW IN GHANA (Cont.)
40. In its dealings with other nations, the Government shall -
(a) promote and protect the interest of Ghana;
(b) seek the establishment of a just and equitable international economic
and social order;
(c) promote respect for international law, treaty obligations and the
settlement of international disputes by peaceful means;
(d) adhere to the principles enshrined in or as the case may be, the aims
and ideals of –
(i) the Charter of the United Nations;
(ii) the Charter of the Organisation of African
Unity;
(iii) the Commonwealth
(iv) the Treaty of the Economic Community of West
African states; and
(v) any other international organisation of which Ghana is a
member
 SOURCES OF LAW IN GHANA
(Cont.)
75. (1) The President may execute or cause to be executed
treaties, agreements or conventions in the name of
Ghana.
(2) A treaty, agreement or convention executed by or
under the authority of the President shall be subject to
ratification by –
(a) Act of Parliament; or
(b) a resolution of Parliament supported by the votes
or more than one-half of all the members of
Parliament.
SOURCES OF LAW IN GHANA (Cont.)
(II) Extracts from The Courts Act 1993, (Act 459)
ss.54, 55, 119 and Second Schedule
54.(1) Subject to this Act and any other enactment, a
court when determining the law applicable to an issue
arising out of any transaction or situation, shall be
guided by the following rules in which references to the
personal law of a person are references to the system of
customary law to which he is subject or to the common
law where he is not subject to any system of customary
law;
SOURCES OF LAW IN GHANA (Cont.)
Rule 1. An issue arising out of a transaction shall be
determined according to the system of law intended by
the parties to the transaction to govern the issue or the
system of law which the parties may, from the nature or
form of the transaction be taken to have intended to
govern the issue.

Rule 2. In the absence of any intention to the contrary,

the law applicable to any issue arising out of the
devolution of a person’s estate shall be the personal law
of that person.
 SOURCES OF LAW IN GHANA
(Cont.)
Rule 3. In the absence of any intention to the contrary, the
law applicable to an issue as to title between persons who
trace their claims from one person or group of persons or
from different persons all having the same personal law,
shall be the personal law of that or those persons.

Rule 4. In applying Rules 2 and 3 to disputes relating to

titles to land, due regard shall be had to any overriding
provisions of the law of the place in which the land is
situated.
SOURCES OF LAW IN GHANA (Cont.)
Rule 5. Subject to Rules 1 and 4, the law applicable to any
issue arising between two or more persons shall, where they
are subject to the same personal law, be that law; and where
they are not subject to the same personal law, the court shall
apply the relevant rules of their different systems of personal
law to achieve a result that conforms with natural justice,
equity and good conscience.

Rule 6. In determining an issue to which the preceding

Rules do not apply, the court shall apply such principles of
the common law, or customary law, or both, as will do
substantial justice between the parties, having regard to
equity and good conscience.
SOURCES OF LAW IN GHANA (Cont.)
Rule 7. Subject to any directions that the Supreme Court may
give in exercise of its powers under article 132 of the
Constitution, in the determination of any issue arising from the
common law or customary law, the court may adopt, develop and
apply such remedies from any system of law (whether Ghanaian
or non-Ghanaian) as appear to the court to be efficacious and to
meet the requirements of justice, equity and good conscience.

(2) Subject to this Act and any other enactment, the rules of law
and evidence (including the rules of private international law)
that have before the coming into force of this Act been applicable
in proceedings in Ghana shall continue to apply, without
prejudice to any development of the rules which may occur.
SOURCES OF LAW IN GHANA
(Cont.)
55. (1) Any question as to existence or content of a rule of
customary law is a question of law for the court and not
a question of fact.
(2) If there is doubt as to the existence or content of a
rule of customary law relevant in any
proceedings before a court, the court may adjourn
the proceedings to enable an inquiry to be made under
subsection (3) of this section after the court has
considered submissions made by or on behalf of
the parties and after the court has considered reported
cases, textbooks and other sources that may be
appropriate to the proceedings.
SOURCES OF LAW IN GHANA (Cont.)
(3) The inquiry shall be held as part of the proceedings in
such manner as the court considers expedient, and the
provisions of this Act relating to the attendance and
testimony of witnesses shall apply with such modifications
as may appear to the court to be necessary.
(4) The decision as to the persons who are to be heard at the
inquiry shall be one for the court, after hearing the
submissions on it made by or on behalf of the parties.
(5) The court may request a House of Chiefs, Divisional or
Traditional Council or other body with knowledge of the
customary law in question to state its opinion which may be
laid before the inquiry in written form.
SOURCES OF LAW IN GHANA (Cont.)
119. (1) Until provision is made by law in Ghana, the Statute
of England specified in the Second Schedule to this Act
shall continue to apply in Ghana as statutes of general
application subject to any statute in Ghana.
(2) Until provision is made by law in Ghana sections
49, 50, 51, 71(1) and (2), 131, 145, 150, 151, 154,
158, 161, 164, and 184 of the Law of property Act,
1925 (15 Geo. V. c.20) shall apply in Ghana subject
to such verbal amendments, not affecting substance
as may be necessary to enable those sections to be
conveniently applied in Ghana.
 THE DIRECTIVE PRINCIPLES OF STATE
POLICY
34. (1) The Directive Principles of State Policy contained in this
Chapter shall guide all citizens, Parliament, the President, the
Judiciary, the Council of State, the Cabinet, political parties
and other bodies and persons in applying or interpreting this
Constitution or any other law and in taking and
implementing any policy decisions, for the establishment of a
just and free society.
(2) The President shall report to Parliament at least once a
year all the steps taken to ensure the realization of the
policy objectives contained in this Chapter; and, in
particular, the realization of basic human rights, a healthy
economy, the right to work, the right to good health care
and the right to education.
THE DIRECTIVE PRINCIPLES OF STATE
POLICY (Cont.)
35. (1) Ghana shall be a democratic state dedicated to the
realization of freedom and justice; and accordingly,
sovereignty resides in the people of Ghana from whom
Government derives all its powers and authority through
this Constitution.
(2) The State shall protect and safeguard the
independence, unity and territorial integrity of Ghana,
and shall seek the well-being of all her citizens.
(3) The state shall promote just and reasonable access
by all citizens to public facilities and services in
accordance with law.
THE DIRECTIVE PRINCIPLES OF STATE
POLICY (Cont.)
(4) The State shall cultivate among all Ghanaians
respect for fundamental human rights and freedoms and
the dignity of the human person.
(5) The State shall actively promote the integration of
the peoples of Ghana and prohibit discrimination and
prejudice on the grounds of place of origin,
circumstances of birth, ethnic origin, gender or religion,
creed or other beliefs.
 THE DIRECTIVE PRINCIPLES OF STATE
POLICY (Cont.)
(6) Towards the achievement of the objectives stated in
clause (5) of this article, the State shall take appropriate
measures to
(a) foster a spirit of loyalty to Ghana that overrides
sectional, ethnic and other loyalties;
(b) achieve reasonable regional and gender balance in
recruitment and appointment to public offices;
(c) provide adequate facilities for, and encourage,
free mobility of people, goods and services
throughout Ghana;
 THE DIRECTIVE PRINCIPLES OF STATE
POLICY (Cont.)
(d) make democracy a reality by decentralizing the
administrative and financial machinery of
government to the regions and districts and by affording all
possible opportunities to the people to participate in
decision-making at every level in national life and in
government; and
(e) ensure that whenever practicable, the headquarters
of a Government or public institution offering any
services is situated in an area within any region,
taking into account the resources and potentials of the
region and the area.
 THE DIRECTIVE PRINCIPLES OF STATE
POLICY (Cont.)
(7) As far as practicable, a government shall continue and
execute projects and programmes commenced by the
previous Government.
(8) The State shall take steps to eradicate corrupt practices
and the abuse of power.
(9) The State shall promote among the people of Ghana the
culture of political tolerance.
THE DIRECTIVE PRINCIPLES OF STATE
POLICY (Cont.)
36. (1) The State shall take all necessary action to ensure
that the national economy is managed in such a manner
as to maximize the rate of economic development and to
secure the maximum welfare, freedom and happiness of
every person in Ghana and to provide adequate means of
livelihood and suitable employment and public
assistance to the needy.
(2) The State shall, in particular take all necessary steps
to establish a sound and healthy economy whose
underlying principles shall include –
 THE DIRECTIVE PRINCIPLES OF STATE
POLICY (Cont.)
(a) the guarantee of a fair and realistic remuneration for
production and productivity in order to encourage
continued production and higher productivity;
(b) affording ample opportunity for individual initiative and
creativity in economic activities and fostering an
enabling environment for a pronounced role of the
private sector in the economy;
(c) ensuring that individuals and the private sector bear their
fair share of social and national responsibilities
including responsibilities to contribute to the overall
development of the country;
THE DIRECTIVE PRINCIPLES OF STATE
POLICY (Cont.)
d) undertaking even and balanced development of all
regions and every part of each region of Ghana, and, in
particular, improving the conditions of life in the rural
areas, and generally, redressing any imbalance in
development between the rural and the urban areas.
e) the recognition that the most secure democracy is the
one that assures the basic necessities of life for its
people as a fundamental duty.
 THE DIRECTIVE PRINCIPLES OF STATE
POLICY (Cont.)
(3) The State shall take appropriate measures to promote the
development of agriculture and industry.
(4) Foreign investment shall be encouraged within Ghana,
subject to any law for the time being in force regulating
investment in Ghana.
(5) For the purposes of the foregoing clauses of this article,
within two years after assuming office, the President shall
present to Parliament a co-ordinated programme of
economic and social development policies, including
agricultural and industrial programmes at all levels and in all
the regions of Ghana.
 THE DIRECTIVE PRINCIPLES OF STATE
POLICY (Cont.)
(6) The State shall afford equality of economic opportunity to all
citizens; and, in particular, the State shall take all necessary steps
so as to ensure the full integration of women into the mainstream
of the economic development of Ghana.
(7) The State shall guarantee the ownership of property and the
right of inheritance.
(8) The State shall recognise that ownership and possession of
land carry a social obligation to serve the larger community and,
in particular, the State shall recognise that the managers of
public, stool, skin and family lands and fiduciaries charged with
the obligation to discharge their functions for the benefit
respectively of the people of Ghana, of the stool, skin, or family
concerned and are accountable as fiduciaries in this regard.
 THE DIRECTIVE PRINCIPLES OF STATE
POLICY (Cont.)
(9) The State shall take appropriate measures needed to
protect and safeguard the national environment for posterity;
and shall seek co-operation with other states and bodies for
purposes of protecting the wider international environment
for mankind.
(10) The State shall safeguard the health, safety and welfare
of all persons in employment, and shall establish the basis
for the full deployment of the creative potential of all
Ghanaians.
(11) The State shall encourage the participation of workers
in the decision-making process at the work place.
 THE DIRECTIVE PRINCIPLES OF STATE
POLICY (Cont.)
37. (1) The State shall endeavour to secure and protect a
social order founded on the ideals and principles of
freedom, equality, justice, probity and accountability as
enshrined in Chapter 5 of this Constitution; and in
particular, the State shall direct its policy towards
ensuring that every citizen has equality of rights,
obligations and opportunities before the law.
(2) The State shall enact appropriate laws to assure –
THE DIRECTIVE PRINCIPLES OF STATE
POLICY (Cont.)
(a) the enjoyment of rights of effective participation in
development processes including rights of people to form
their own associations free from state interference and to use
them to promote and protect their interests in relation to
development processes, rights of access to agencies and
officials of the State necessary in order to realise effective
participation in development processes; freedom to form
organisations to engage in self-help and income generating
projects; and freedom to raise funds to support those
activities.
(b) the protection and promotion of all other basic human
rights and freedoms, including the rights of the disabled, the
aged, children and other vulnerable groups in development
processes.
 THE DIRECTIVE PRINCIPLES OF STATE
POLICY (Cont.)
(3) In the discharge of the obligations stated in clause (2) of
this article, the State shall be guided by international human
rights instruments which recognize and apply particular
categories of basic human rights to development processes.
(4) The State shall maintain a population policy consistent
with the aspirations and development needs and objectives
of Ghana.
(5) The State shall ensure that adequate facilities for sports
are provided throughout Ghana and that sports are promoted
as a means of fostering national integration, health and self-
discipline as well as international friendship and
understanding.
THE DIRECTIVE PRINCIPLES OF STATE
POLICY (Cont.)
(6) The State shall –
(a) ensure that contributory schemes are instituted
and maintained that will guarantee economic security
for self-employed and other citizens of Ghana; and
(b) provide social assistance to the aged such as will
enable them to maintain a decent standard of living.
THE DIRECTIVE PRINCIPLES OF STATE
POLICY (Cont.)
38. (1) The State shall provide educational facilities at all
levels and in all the Regions of Ghana, and shall, to the
greatest extent feasible, make those facilities available to
all citizens.
(2) The Government shall, within two years after
Parliament first meets after the coming into force of
this Constitution, draw up a programme for
implementation within the following ten years, for the
provision of free, compulsory and universal basic
education.
THE DIRECTIVE PRINCIPLES OF STATE
POLICY (Cont.)
(3) The State shall, subject to the availability of resources,
provide –
(a) equal and balanced access to secondary and other
appropriate pre-university or equivalent education,
with emphasis on science and technology.
(b) a free adult literacy programme, and a free
vocational training rehabilitation and resettlement of
disabled persons; and
(c) life-long education
THE DIRECTIVE PRINCIPLES OF STATE
POLICY (Cont.)
39. (1) Subject to clause (2) of this article, the State shall
take steps to encourage the integration of appropriate
customary values into the fabric of national life through
formal and informal education and the conscious
introduction of cultural dimensions to relevant aspects
of national planning.
(2) The State shall ensure that appropriate customary
and cultural values are adapted and developed as
an integral part of the growing needs of the society as a
whole; and in particular that traditional practices
which are injurious to the health and well-being of
the person are abolished.
THE DIRECTIVE PRINCIPLES OF STATE
POLICY (Cont.)
(3) The State shall foster the development of Ghanaian
languages and pride in Ghanaian culture.
(4) The State shall endeavour to preserve and protect places
of historical interest and artifacts.

40.In its dealings with other nations, the Government shall -

(a) promote and protect the interests of Ghana;
(b) seek the establishment of a just and equitable
international economic and social order;
THE DIRECTIVE PRINCIPLES OF STATE
POLICY (Cont.)
(c) promote respect for international law, treaty obligations and
the settlement of international disputes by peaceful means;
(d) adhere to the principles enshrined in or as the case may be,
the aims and ideals of –
(i) the Charter of the United Nations;
(ii) the Charter of the Organisations of African Unity;
(iii) the Commonwealth;
(iv) the Treaty of the Economic Community of West
African States; and
(v) any other international organisation of which Ghana is
a member.
 THE DIRECTIVE PRINCIPLES OF STATE
POLICY (Cont.)
40. The exercise and enjoyment of rights and freedoms is
inseparable from the performance of duties and obligations,
and accordingly, it shall be the duty of every citizen –
(a) to promote the prestige and good name of Ghana and
respect the symbols of the nation;
(b) to uphold and defend this Constitution and the law;
(c) to foster national unity and live in harmony with
others;
(d) to respect the rights, freedoms and legitimate interests
of others, and generally to refrain from doing acts
detrimental to the welfare of other persons;
 THE DIRECTIVE PRINCIPLES OF STATE
POLICY (Cont.)
(e) to work conscientiously in his lawfully chosen
occupation
(f) to protect and preserve public property and expose and
combat misuse and waste of public funds and property;
(g) to contribute to the well-being of the community where
that citizen lives;
(h)to defend Ghana and render national service when
necessary;
(i) To co-operate with lawful agencies in the maintenance of
law and order;
 THE DIRECTIVE PRINCIPLES OF STATE
POLICY (Cont.)
(j) to declare his income honestly to the appropriate and
lawful agencies and to satisfy all tax obligations; and
(k) to protect and safeguard the environment.
 OTHERS
1. Executive – Article 57 (1) – There shall be a President
of the Republic of Ghana who shall be the Head of State
and Head of Government and Commander-in Chief of
the Armed Forces of Ghana.
Art. 58 (1) – The executive authority of Ghana Shall
vest in the President and shall exercise in accordance
with the provision of the Constitution.
2. Legislature – Art. 93 (1) There shall be a Parliament of
Ghana which shall consist of not less than one hundred
and forty elected members (2) vests legislative power of
Ghana in Parliament.
 THE JUDICIARY
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 the
constitution (Article 125)
Independence of the Judiciary (Art 127)
The Judiciary consists of:
(a)The Superior Courts of Judicature comprising
i. The Supreme Court
ii. The Court of appeal and
iii. The High Court and Regional Tribunals
(b) Such lower Courts or tribunals as Parliamentary may
by law establish
THE JUDICIARY – THE SUPREME COURT
THE SUPREME COURT
The Highest judicial body in Ghana Supervisory jurisdiction
over all other courts in Ghana.
* Has the original jurisdiction in matters of constitutional
interpretation, and legality of Acts of Parliament.
* Exclusive right to determine whether or not a document is
a State secrete.
* Final appellate court in matters civil and criminal.
* Constituted by the Chief Justice and not less than 9 other
justices of the Supreme Court.
THE JUDICIARY – THE SUPREME COURT
(Cont.)
THE SUPREME COURT (Cont.)
* Constituted by five Justices
* Chief Justice presides; in his absence, most senior Justice
of Supreme Court.
* Not bound to follow decisions of any other court.
* May depart from its own decisions.
* Has the appellate jurisdiction to exclusion of Court of
Appeal in Appeals; from National House of Chiefs in
Chieftaincy matters.
* Has supervisory jurisdiction over all courts and
adjudicating bodies.
 THE JUDICIARY – THE SUPREME COURT
(Cont.)
THE SUPREME COURT (Cont.)
* Justices are appointed by the President, acting on the
advice of Judicial Council, in consultation with the Council
of State and upon the approval of Parliament.
* Justice retire at age 70 years but may retire after age 60
years.
* A Justice and the Chief Justice may be dismissed by
special procedure.
THE JUDICIARY – THE COURT OF APPEAL
THE COURT OF APPEAL
* Composed of the Chief Justice and not less than ten other
Justices
* Each panel is constituted by three Justices.
* It is bound by its own decisions.
* Courts below bound by its decisions.
* Hears appeals from High Court and Regional Tribunals
* Has no original jurisdiction at all
* Justices appointed by the President acting on the advice
of the Judicial Council
 THE JUDICIARY – THE COURT OF APPEAL
(Cont.)
THE COURT OF APPEAL (Cont.)
* Justices retire at age 70 years but may retire voluntarily
after age 60 years.
* A Justice may be dismissed by special procedure.
 THE JUDICIARY – THE HIGH COURT
THE HIGH COURT
* There is only one single High Court in Ghana but the
High Court sits in various locations composed of different
Justices.
* It is composed of The Chief Justice and not less than
twenty Justices
* Sits as a single Justice, or a Justice and a jury or a Justice
and Assessors, or as three Justices to try treason cases.
* Has Jurisdiction over all matters, civil and criminal,
except matters affecting chieftaincy.
THE JUDICIARY – THE HIGH COURT (Cont.)
THE HIGH COURT (Cont.)
* Has powers for the enforcement of Human Rights and
Freedoms.
* Has supervisory jurisdiction over all lower courts and
adjudicating bodies.
* Justices appointed by the President acting on the advice
of the Judicial Council.
* Justice retire at age 65 years but may retire after age 60
years.
* A Justice may be dismissed by special procedure.
THE JUDICIARY – REGIONAL TRIBUNALS
REGIONAL TRIBUNALS
In each region:
* Consists of the Chief Justice, one chairman (a lawyer) and
such other persons (non-lawyers) as shall be appointed by
the Chief Justice.
* Sits as a panel of Chairman and not less than 2 members
* Has only criminal jurisdiction
* Chairman appointed by the President acting on the advice
of the Judicial Council.
THE JUDICIARY – REGIONAL TRIBUNALS (Cont.)
REGIONAL TRIBUNALS (Cont.)
REGIONAL TRIBUNALS
* A Justice retires at age 65 years but may retire after age
60 years.
* Members appointed by Chief Justice in consultation with
Regional Co-ordinating Council of Region concerned and
on the advice of the Judicial Council.
 PROCEEDINGS AGAINST THE
STATE
1. 1. Art. 88 (92 Constitution) provides that the Attorney
General is responsible to be sued and to sue.
2. Article 293 (92 Constitution) provides that no fiat,
petition of right or permission is required before
proceedings can be brought against the State.
3. Art. 293 (2) – Provides for Tort Liabilities.
4. All Provision under Art 293 (2) have been incorporated
into State Proceedings Act 1998, Act 555. Section 1 of
the Act repeats the provisions of 293 (2). Section 10 of
Act (State Proceedings) however provides the following
 PROCEEDINGS AGAINST THE
STATE (Cont.)
“It is provided that even though no fiat is required, a person
must provide a 30 day notice to the AG.
The writer should:
1.State the cause of action
2.Name / Address of claimant
3.Particulars of relief being sought”
 PROCEEDINGS AGAINST THE STATE
(Cont.)
5. Exceptions to Notice requirements of the above is in
Section 20 (Act 255). Section 20 provides the following
as exceptions:
6. An action brought invoking the Supreme Court on
Interpretation on Art 2 (1) & 130
7. An Action for the enforcement of fundamental human
rights under Art 33 (1)

CASES
E. P. Church V. AG [1992 – 3] GLR 429 In re Seven Sisters
Hotel
WHERE TO FIND LEGAL MATERIALS IN
GHANA
1. Law Faculty Library, Legon
2. Ghana School of Law Library, Accra
3. Supreme Court Library, Accra
4. Council for Law Reporting Library, Accra
5. Attorney – General’s Library
6. Library of Parliament
7. Ministry of Justice
8. CHRAJ Library
9. Human Rights Study Center Faculty of Law, Legon
 WHERE TO FIND LEGAL MATERIALS IN
GHANA (Cont.)
10. High Courts of Various Regional Centers
11. Balme Library, University of Ghana
12. GIMPA Library
13. U. C. C. Library
14. KNUST Library of the Law Section of the Department
of General and African Studies of the Faculty of Social
Studies
TREATY: Formal agreement between two or more
countries
Convention: Agreement between States, Rulers, etc.
that is less formal than a treaty: The Geneva
Convention, i.e. about the treatment of prisoners of
war. etc.