WHAT ARE THE JURISDICTIONS OF THE COURT?
Three types of jurisdiction:
• ORIGINAL JURISDICTION: where a person goes to the trial court for the first time.
• APPELLATE JURISDICTION: Where a dissatisfied party brings his dissatisfaction to another court. The court of appeal has only appellate jurisdiction, the high court has both appellate and original jurisdiction and the circuit court has only original jurisdiction.
• SUPERVISORY JURISDICTION: this is the power the superior courts have in making sure the lower courts are performing according to law. The Supreme Court exercises this over all courts.
Our court system is divided into two: the superior courts which are established by the constitution and include the high court or regional tribunal court, the court of appeal and the Supreme Court in ascending other.
• Quasi Judiciary: this is not part of the court system but has powers to adjudicate over cases. Examples are CHRAJ , National Media Commission, National Labour Commission.
• Personnel: Judges are referred to as the bench, lawyers are the legal practitioners. The business of advocacy in the court room is the barrister and the business of sitting in the office drawing up cases is solicitors. But these are found in Britain. in Ghana they are all referred to as legal practitioners.
NB: Commission of enquiry is not part of our judicial system, it is a fact finding body established by the executive.
• Petition is used only in civil cases. They are used only in election and divorce cases.
• Director of public prosecutions takes care of criminal cases, solicitor general takes care of civil cases and director of parliamentary drafts takes care of drafts by the legislature.
WHAT IS THE COMPOSITION OF COURT?
Article 126 of the 1992 Constitution :
(1) The Judiciary shall consist 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 Parliament may by law establish.
THE SUPREME COURT
By Article 129 and section 2(1) of Act 459, the supreme court shall be the final court of Appeal in Ghana. Article 130(1) of the 1992 Constitution and section 3(1) of Act 459 grants the SC exclusive original jurisdiction in all matters relating to the interpretation of the constitution; whether an Act was made in excess of the powers conferred on parliament or any other authority or person by law or under the Constitution. The combined effects of Article 2 and 1(2) which establishes the supremacy of the constitution is that the court has power to declare void any law found to be inconsistent with the Constitution. In the case of Sam (No 2) v Attorney General, the court declared that : “it is clear then that the jurisdiction under Article 2(1) is a special jurisdiction available to citizens of Ghana only, irrespective of personal interest.”
The court has appellate jurisdiction from the court of appeal and appellate jurisdiction with the exclusion of the court of appeal relating to the conviction or otherwise of a person for high treason or treason by the High Court. In the case of In re Parliamentary Election for Wulensi Constituency Zakeria v Nyimakan, the court held that there was no right for further appeal from the Court of Appeal to the Supreme Court in respect of an appeal from an election petition determined by the High Court under Article 99(1) of the Constitution 1992. The Supreme Court also hears appeals from the National House of Chiefs as is contained in Article 131(4).
Article 129(3) entitles the SC to depart from its previous decisions as and when it deems fit and all other courts are bound to follows same. The Supreme court also has supervisory jurisdiction over all courts in the country as contained in Article 132 whilst it has jurisdiction to the production of official documents as in Article 135.
Finally, the court can review its own decision as it sees fit as under Article 133. Rule 54 of the SC Rules 1996 (CI 16) provides for two ways in which the court can review its decision :
– Proof of exceptional circumstances resulting in a grave miscarriage of justice-Agyekum v Asakum Engineering and Construction
– Discovery of new evidence or matter that has come to light after the decision which with all due diligence had not been within the applicant’s knowledge or could not be produced by him earlier in re Krobo Stool (No 2): the court held that the lists of matters which might constitute exceptional circumstances were not exhaustive or closed; that mere repetition of grounds which had been dismissed , was no justification for the granting of the reviews and that the applicant must show the existence of some fundamental and basic error affecting his substantial rights.
WHAT IS THE COMPOSITION OF THE SUPREME COURT?
The SC consist of the CJ and not less than nine justices. Ordinarily, the court is constituted for the exercise of its jurisdiction by not less than five SC justices except when it is reviewing its own decision where it must be constituted by not less than seven justices of the court. (Articles 128 and 133).
In the case of Tsatsu Tsikata v CJ & AG : the plaintiff brought an action against the CJ and the AG under Articles 2(1) and 130(1) under the 1992 Constitution for a declaration inter alia , that the Practice Direction (Practice in the Empanelling of Justices of the Supreme Court ) issued on 10 January 2001 by the acting CJ was in conflict with Articles 125(4) and 128(2) of the 1992 Constitution and therefore null and void. The plaintiff raised a preliminary objection that it was against the rule of natural justice and the principle nemo judex in causa sua for the CJ being a party to hear the action to empanel the court which was to hear the action. The SC unanimously dismissed the action on the grounds that:
– The allegation of bias in the present case could not disable the CJ from performing his functions under Article 144(6) of the Constitution 1992
– The CJ had the prerogative of empaneling the court and was thus vested under Article 128(2) of the 1992 Constitution with the discretionary power to administratively empanel all or the available justices of the SC to sit on the case.
– The CJ had the discretion under Article 133(2) to empanel justices of uneven number but not less than seven to sit on a review application brought before the SC
– The practice direction was not binding on the court or any person neither did it in any way infringe articles 125(4) and 128(2) of the 1992 Constitution.
– In exercising his discretion generally, the CJ was required under Article 296(a) and (b) of the Constitution 1992 to be fair and candid not capricious or biased by either resentment , prejudice or personal dislike and the discretion should be exercised in accordance with the due process of law.
The CJ shall preside in sittings of the court and in his absence the most senior of the justices shall preside. The qualification of court is based on high moral character and proven integrity in addition to a minimum of not less than fifteen years standing as a lawyer.
THE COURT OF APPEAL
The court of Appeal has no original jurisdiction. It exercises only appellate jurisdiction. The court has jurisdiction throughout Ghana to hear and determine, subject to the provisions of the Constitution, appeals from a judgement , decree or order of the High Court and the Regional Tribunals and such other appellate jurisdiction as may be conferred on it by the Constitution or any other law (Article 137(2) and Section 11(1) of Act 459). In In re Parliamentary Election for Wulensi Constituency ; Zakaria v Nyinakan, the SC held that the Court of Appeal is the final court of appeal in election petitions, to the exclusion of the SC.
An appeal to the Court leis as of right form a judgment, decree or order of the Hihg Court and the Regional Tribunal unless the contrary is provided fro by the Constitution. The court can also hear appeals form any judgment of the circuit court. (Section 11 (4) of Act 459). In exercising its jurisdiction, the court is given all the powers , authority and jurisdiction vested in the court from which the appeal is brought.
However, in the case of an interlocutory order r decision made or given by the circuit court , a person aggrieved by such an order may appeal to the CA with the leave of the Circuit court. IF such leave is refused by the CC , the aggrieved party can still appeal to the CA with the leave of the court (Section 11(5)).
WHAT IS THE COMPOSITION OF THE COURT OF APPEAL?
The CA is composed of the CJ and at least ten other justices. Any three justices may constitute the court for the conduct of its business. (Article 136 (1) and (2)). To qualify for membership of the court, a person must be of high moral character and proven integrity and must have at least twelve years’ standing as a lawyer.
Section 13 of Act 459 deals with certain powers granted the CA in criminal cases.
THE HIGH COURT
In Article 140(1) and section 14 of Act 459, the High Court has original jurisdiction in all civil and criminal matters and such original, appellate and other jurisdictions as may be conferred on it by the constitution or any other law. Also in article 33 and 140(2) of the constitution, the high court has jurisdiction to enforce the fundamental human rights and freedoms enshrined in chapter 5 of the Constitution. However section 14 stipulates that the high court shall have no power in the trial of the offence of high treason.
Section 140(5) and section 21 of the Courts act stipulates that the high court has appellate jurisdiction over all criminal matters emanating from the circuit courts and all appeals from the district courts, juvenile courts and family tribunals.
In article 141, the high court shall have supervisory jurisdictions over all lower courts and in exercising this jurisdiction may grant declaratory judgments and orders where appropriate.
Section 16 of the court Act 459 provides that the high court shall have supervisory jurisdiction over all lower courts and any lower adjudicating authority and in the exercise of that jurisdiction, issue orders and directions including warrant for the purpose of enforcing or securing the enforcement of its supervisory powers.
WHAT IS THE COMPOSITION OF THE HIGH COURT-ARTICLE 139 & SECTION 14?
In terms of Article 139 of the 1992 Constitution, the High Court is composed of the CJ and not less than twenty justices of the HC. For the conduct of its business, the court is constituted by a single judge or by a single judge or by a single judge and jury; or by a single judge and assessors; or by three judges of the trial of offences of high treason or treason as required by Article 19 of the Constitution.
Section 14 also enacts that the court shall consist of such other justices of the superior court as the Chief Justice may by writing request to sit as High Court Justice for any period.
A person shall not be appointed as justice of the High Court unless he is a person of high moral character and prove integrity and of at least 10 years standing as a lawyer.
THE REGIONAL TRIBUNALS
In terms of Article 143(1) of the 1992 Constitution, the Regional Tribunal has jurisdiction to try such offences against the State and the Public interest as Parliament may by law prescribe. Under section 24(1) of Act 459, the Regional Tribunal has jurisdiction to try offences arising under the Customs , Excise and Preventive Service Management Law, 1993; Income Ta Decree Narcotic Drugs (Control, Enforcement and Sanctions) Law, 1990 and “any other offence involving serious economic fraud, loss of state funds or property.” The tribunal lacks the jurisdiction to try a criminal offence if the trial requires the participation of a jury or assessors –section 205 of Act 30. In exercising its jurisdiction, the Regional Tribunal has all the powers conferred on the High Court by Act 459 or any other reenactment and has the power to issue in criminal matters any order or impose any sentence which the High Court may issue or impose.
WHAT IS THE COMPOSITION OF THE REGIONAL TRIBUNAL?
The Regional Tribunal consists of (a) the Chief Justice, (b) one Chairman; and (c) such members who may or may not be lawyers as shall be designated by the Chief Justice to sit as panel members of the tribunal and for such periods as may be specified in writing by the CJ The tribunal is duly constituted by a chairman and not less than two and not more than four other panel members-(article 142(3) and section 23(2) ). When exercising its appellate jurisdiction, it is duly constituted by het chairman and any four members. A person shall not be appointed as chairman of the Regional Tribunal unless he is qualified to be appointed as a High Court judge (Article 142(4) ). Article 142(5) also provides that a person of high moral character and proven integrity.
THE LOWER COURTS
CIRCUIT COURT-JURISDICTION
By section 41 of Act 459(as amended by …), a circuit court has the following original jurisdiction (that is to say jurisdiction in civil matters:
• In all personal action under contract or tort or for the recovery of any liquidated sum , where the amount claimed is not more than GH 50,000 by virtue of Court’s Amendment Regulations which came into force on 5th March 2015.
• In all actions between landlord and tenant for the possession of land claimed under lease and refused to be delivered up;
• In all causes and matters involving the ownership, possession , occupation of or title to land;
• To appoint guardians of infants and to make orders for the custody of infants;
• To grant in an action instituted in the court, injunctions or orders to stay waste, or alienation or for the detention and preservation of any property the subject matter of that action or to restrain breaches of contract or the commission of any tort
• In all claims for relief by way of interpleader ( a procedure used to decide how conflicting claims against the same person should be dealt with) in respect of land or other property attached in execution of a decree made by a circuit court;
• Also where the amount claimed or the value of any land or property exceeds Gh…(check, ) the court will nevertheless have jurisdiction to hear the case of the parties agree that it should do so.
WHAT IS THE COMPOSITION OF THE CIRCUIT COURT?
The circuit court is composed of a single judge. This notwithstanding, the CJ , any justice of the superior court of judicature or a chairman of a circuit tribunal nominated by the CJ may sit as a circuit court judge.
DISTRICT COURT
The jurisdiction of the district court is limited to cases with value of up to GH20,000 by virtue of LI 2211, the Courts Amendment Regulations 2014.It also has summary jurisdiction in criminal matters for offences punishable by a fine not exceeding … or for a term not exceeding two years. Every district court shall have such other functions as may be conferred or imposed by any other enactment.
WHAT IS THE COMPOSITION OF THE DISTRICT COURT?
The district courts are presided over by magistrates. Depending on their schedule, a magistrate would be assigned to two or more courts. Section 46 of the Courts Act 459 gives the qualification of a magistrate as :
– A person does not qualify to be appointed a magistrate of a District court unless the person is of high moral character and proven integrity and
– The CJ , any justice of the superior court of judicature or a circuit court judge nominated by the CJ may sit as a magistrate of any District court.
Sitting of a District Court shall be held at such places and times as the CJ may direct. Subject to any such directions , the sittings may be held at such places and times as the magistrate thinks appropriate.