Court system in Ghana
The judicial system in Ghana essentially stems from British colonial jurisdiction.
The civil law currently in force in Ghana is based on the legal norms of British Common Law , the doctrines of equity (the (unwritten) doctrines of the law of equity) and the general statutes (the (written) general law of law), which came into force in England in 1874 and have since been modified again and again by subsequent ordinances.
However, common law is the legal basis of most personal and contractual legal relationships in Ghana.
Ghanaian criminal law is based on the Criminal Procedure Code, derived from English criminal law , which has been in force since 1960 and has been supplemented several times since then.
Dishes in Ghana
The highest instance of Ghanaian jurisprudence is the Superior Court of Judicature, which consists of the Supreme Court , the Court of Appeal, the High Court and a Regional Tribunal .
The lower courts of justice are the district courts (circuit courts), district tribunals (circuit tribunals) and other courts as they can be established by law.
Supreme Court
The Supreme Court (Supreme Court) is composed of the Chief Justice ( Chief Justice ) and not less than nine other judges. It is the very last court of appeal in Ghana and also has the legislative power in matters relating to the implementation and interpretation of the constitution.
Appeals court
The Court of Appeal is composed of the Chief Justice and no fewer than five other judges (Judges of the Court of Appeal) . He has jurisdiction to hear and decide appeals to any judicial decision, judgment, order or ordinance of the High Court.
High Court
The High Court is composed of the Chief Justice and no fewer than 12 other judges (Judges of the High Court) . It exercises the jurisdiction of first instance in all matters of civil and criminal law, except for offenses on charges of treason. In criminal cases, jury proceedings are practiced in Ghana, as the Ghanaian Code of Criminal Procedure stipulates that all indictment investigations should be carried out by a jury or with the support of judicial assessors.
District Courts
The District Courts (Circuit Courts) practice first instance jurisprudence in civil law disputes whose value in dispute does not exceed 100,000 (old) Cedis . They also have jurisdiction over guardianship and custody of children. They also have the first instance jurisdiction in all criminal cases except for offenses for which the maximum penalty is the death penalty or for offenses with charges of treason. The district courts are also the court of appeal for decisions made by district courts within their respective judicial district.
District Courts
Each administrative district in Ghana is assigned at least one District Magistrate , which has the first instance jurisdiction for civil law disputes whose value in dispute does not exceed 50,000 (old) Cedis. In addition, the district magistrates also have the jurisdiction to hear criminal cases with the exception of "first degree crimes" and crimes of a more serious nature, for which either a district court or the high court has jurisdiction.
In addition to the district magistrate, there are district courts in which a distinction is made between " Grade I District Courts " and " Grade II District Courts " (Grade II District Courts) according to the severity of the offense . The Grade I district courts have the competence to punish offenses with a fine of up to 1,000 (old) Cedis or with imprisonment for up to two years. A Grade II district court can impose a fine of up to 500 (old) cedis or order a prison term of up to 12 months.
District courts have no jurisdiction to appeal except for disputes relating to rental and leasing that are within the scope of the Rent Act.
Juvenile courts
The Juvenile Courts have jurisdiction over all offenses involving anyone under the age of 17, with the exception of cases where they are charged with one or more adults. Juvenile courts are composed of a chairman (chairman) and not less than two other members appointed by the Chief Justice (Chief Justice) shall be appointed in consultation with the other members of the Juvenile Court. The chairman of the juvenile court must be a member of the district magistrate or a licensed attorney. The juvenile courts can order measures to protect and supervise a neglected child and make binding agreements with parents to ensure future “good” behavior of the child.
Regional people's tribunals
The Regional Public Tribunals hold hearings on crimes involving prices, rents, foreign exchange regulations, theft, fraud, forgery, corruption or any other offenses that can be attributed to them by government agencies.
National People's Tribunal
The National Public Tribunal is the appeal body for decisions of the regional people's tribunals. The decisions of the National People's Tribunal are final and can no longer be the subject of a further appeal. The tribunal consists of a minimum of three and a maximum of five people, one of whom acts as chairman.
Military special tribunal
The Special Military Tribunal conducts hearings in the event of offenses affecting members of the Ghanaian armed forces . It consists of five to seven members.
Express court proceedings
In addition, fast -track court procedures were issued in 2001 in order to relieve the courts in their work and to punish crimes committed by former officials quickly and in a targeted manner.