Introduction
The Supreme Court of Ghana stands at the apex of the country's judicial system, serving as the final court of appeal and the ultimate guardian of the Constitution. Established under the 1992 Constitution of the Republic of Ghana, its powers and functions are fundamental to the maintenance of the rule of law and constitutional governance. The authority, role, and operational framework of the court are meticulously detailed within the Constitution, particularly in Chapter 11. This essay will provide a brief discussion of the Supreme Court, focusing on three key aspects as mandated by the Constitution: its composition, the jurisdiction it exercises, and the qualifications required for an individual to be appointed as a Justice of the Supreme Court. By examining these constitutional provisions, a clear picture emerges of the court's structure and its central role within Ghana's legal and political landscape.
Composition of the Supreme Court
The composition of the Supreme Court is laid out in Article 128 of the 1992 Constitution. Article 128(1) stipulates that the Court shall consist of the Chief Justice and not less than nine other Justices. This provision sets a minimum number of justices but allows for flexibility. The same article grants Parliament the power to prescribe a different number of Justices of the Supreme Court by law, provided that the number is not less than the constitutional minimum of ten (the Chief Justice plus nine others). This allows the size of the court to be adapted over time to meet the demands of its caseload.
The Chief Justice, as the head of the Judiciary, presides over sittings of the Supreme Court. In his or her absence, the most senior of the available Justices of the Supreme Court presides (Article 128(1)). For the court to conduct its substantive business, a specific number of justices must be present. Article 128(2) provides that the Supreme Court is duly constituted for its work by not less than five Justices. However, the Constitution allows for a single Justice of the Court to exercise power in relation to any interlocutory matter, which helps in the efficient management of cases before a full panel is convened (Article 128(3)).
The process of appointing these justices is also a key aspect of its composition, as it determines who sits on the bench. Under Article 144, the Chief Justice is appointed by the President acting in consultation with the Council of State and with the approval of Parliament. The other Supreme Court Justices are appointed by the President acting on the advice of the Judicial Council, in consultation with the Council of State, and also with the approval of Parliament. This multi-layered process involving the executive, the Council of State, the Judicial Council, and the legislature is intended to ensure that appointments are based on merit and command broad acceptance.
Qualification of Justices
The criteria for appointment to the highest court of the land are stringent, reflecting the significant responsibility that comes with the office. Article 128(4) of the Constitution sets out the qualifications for a person to be appointed as a Justice of the Supreme Court. It states that "A person shall not be qualified for appointment as a Justice of the Supreme Court unless he is of high moral character and proven integrity and is of not less than fifteen years' standing as a lawyer."
These requirements can be broken down into two main components. The first is a character requirement: "high moral character and proven integrity." This is a subjective but essential criterion, aimed at ensuring that only individuals who are ethically sound and respected for their integrity are appointed. It serves as a safeguard for the public's trust in the judiciary.
The second component is a professional requirement: "not less than fifteen years' standing as a lawyer." This ensures that any appointee has a considerable depth of legal experience. In the Ghanaian context, 'standing as a lawyer' generally refers to the period since an individual was called to the Ghana Bar and enrolled as a lawyer entitled to practice in the courts of Ghana. This 15-year period provides ample time for a legal professional to have gained significant experience in legal practice, academia, or other areas of the law, thereby equipping them with the knowledge and analytical skills necessary for the complex work of the Supreme Court.
Jurisdiction of the Supreme Court
The jurisdiction of the Supreme Court is extensive and varied, encompassing original, appellate, supervisory, and review functions. This broad remit confirms its status as the ultimate judicial authority in Ghana.
Original Jurisdiction
Article 130(1) grants the Supreme Court exclusive original jurisdiction in two critical areas. Firstly, it has jurisdiction "in all matters relating to the enforcement or interpretation of this Constitution." This makes the Court the principal institution for constitutional interpretation. Any person who alleges that a provision of the Constitution has been, is being, or is likely to be contravened may bring an action in the Supreme Court for a declaration to that effect. This power was famously exercised in cases such as New Patriotic Party v Attorney-General (CIBA Case) [1993-94] 2 GLR 35, where the court interpreted provisions relating to state-owned media.
Secondly, the Court has original jurisdiction "in all matters arising as to whether an enactment was made in excess of the powers conferred on Parliament or any other authority or person by law or under this Constitution." This is the power of judicial review over legislation and executive actions, allowing the court to strike down laws that are unconstitutional. Furthermore, under Article 64, the Supreme Court has exclusive original jurisdiction in hearing and determining petitions that challenge the validity of a presidential election.
Appellate Jurisdiction
The Supreme Court is the final court of appeal in Ghana. As outlined in Article 131, it has appellate jurisdiction to hear appeals from the Court of Appeal. An appeal to the Supreme Court from a judgment of the Court of Appeal may be as of right in some cases (for example, in a civil or criminal cause involving a substantial question of law) or by special leave of the Court of Appeal or the Supreme Court itself. The court also has jurisdiction to hear appeals from the High Court in certain specific circumstances, such as in cases of high treason.
Supervisory Jurisdiction
Article 132 confers upon the Supreme Court supervisory jurisdiction over all other courts and any adjudicating authority in Ghana. This power is exercised through the issuance of orders and directions, including the prerogative orders of certiorari, mandamus, and prohibition. The purpose of this jurisdiction is to ensure that lower courts and quasi-judicial bodies act within their mandated powers (ultra vires) and adhere to the rules of natural justice. A key case illustrating this is Republic v High Court, Accra; Ex parte Commission on Human Rights and Administrative Justice (Addo, Interested Party) [2003-2004] 1 SCGLR 312, where the court clarified the scope of its supervisory powers.
Review Jurisdiction
A unique feature of the Supreme Court's jurisdiction is its power to review its own decisions, as granted by Article 133. This is not a second chance at an appeal but an exceptional power to be used sparingly. The court may review a decision on grounds such as the discovery of a new and important matter or evidence, or for any other sufficient reason. The primary purpose is to correct a fundamental error that has led to a miscarriage of justice. The case of Afranie II v Quarcoo [1992] 2 GLR 561 established the principle that this jurisdiction would only be exercised in exceptional circumstances.
Conclusion
In summary, the 1992 Constitution of Ghana carefully constructs the Supreme Court as a robust and powerful institution. Its composition, comprising the Chief Justice and at least nine other justices appointed through a rigorous process, is designed to ensure a high calibre of judicial expertise. The qualifications for appointment, demanding high moral character and at least fifteen years' standing as a lawyer, reinforce the expectation of judicial excellence and integrity. Most importantly, the court's multi-faceted jurisdiction—original, appellate, supervisory, and review—empowers it to function as the ultimate interpreter of the Constitution, the final arbiter of legal disputes, and the supervisor of the entire judicial system. These provisions collectively establish the Supreme Court as the cornerstone of constitutional democracy and the rule of law in Ghana.
References
Bimpong-Buta, S.Y. (2005) The Role of the Supreme Court in the Development of Constitutional Law in Ghana. Accra: Advanced Legal Publications.
Date-Bah, S.K. (2014) Reflections on the Supreme Court of Ghana. London: Wildy, Simmonds & Hill Publishing.
Republic of Ghana (1992) The Constitution of the Republic of Ghana, 1992.
Cases
Afranie II v Quarcoo [1992] 2 GLR 561, SC.
New Patriotic Party v Attorney-General (CIBA Case) [1993-94] 2 GLR 35, SC.
Republic v High Court, Accra; Ex parte Commission on Human Rights and Administrative Justice (Addo, Interested Party) [2003-2004] 1 SCGLR 312.
Tuffuor v Attorney-General [1980] GLR 637, SC.
